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HomeMy WebLinkAboutCity Council Resolution 185 WHJM: F DA: mb i.~_ 28. :,i 10 c RESOLUTION NO, ~SS~! A RESOLUTION OF INTENTION TO ACQUIltE~ AND CONSTRUCT IMPROV~XD~TS CHESTER AVEN~ IMPROVDIENT PROJECT RESOLVED, by the City Council of the City of Saratoga, California, that in its opinion the public interest and conven- ience require and. that it is the intention of said Council to order the acquisitions and improvements hereinafter described: 1. Whenever any public way is herein referred to as running between two public ways, or from or to any 'a.:mblic way, the :i'at~.~r- sections of the public ways referred to ;are included 'to "the ex- tent that work shall be StlO~,~ on the plans to be done therelmn. 2. Said streets and highways are more particularly shown on the records in the office of the County Recorder of Santa Clara County, California, ~d shall be shom~ upon the plans heroin referred to and to be filed with the City Clerk of said City. 3. All of said work and improvements are to be constructed at the i:'~laces and in the parti. cu!ar locations, of the i'orms, sizes, dimensions and materials, and at the lines, grades and elevations as shown and delineated uL:~on the ~n~lans, profiles and specifications to be :made therefor, as heroinafter .prowl. deal. 4. There is to be excepted from the work herein described anD" of such work already done to line and grade and marked excepted or sho~.m not to 'be done on said plans~ profiles and specifications. 5. Notice is hereby' given of the fact that in many cases said work and improvement will bring the finished work to a grade different from that formerly existing, and that to said extent said grades are hereby changed and 'tt~at said work wi].]. be done to said changed grades. 6. The acquisitions and improvements are described. as follows: (a) The acquisition of property for the widening of Chester Avenue from Allendale Avenue to a point lO0 feet, more or less, northerly of its southerly terminus, and for the opening of a new street to be known as Chester Avenue from said point westerly and southwesterly along the creek between the property of Stubbe and Pavlos and across the pro- perty of Paylos to the southeast corner of the property of Cook and southerly 200 feet, more or less, along the line common to the property of McCullough and Jackson, and for the opening of a new unnamed street from Sobey Road from the most northerly corner of the property of Magnuson running thence westerly along the northerly line of the pro- perty of Magnuson and along the line common to the property of Magnuson and Weber thence northwesterly along the line common to the property of Groteguth and McCullough and thence northwesterly and westerly acros~ the property of McCullough to the proposed new street to be ~nown as Chester Avenue. (b) The improving of Chester Avenue 9 feet, more or less~ on either side of the center line thereof from Allendale Avenue southerly 825 feet, more or less~ by clearing, grubbing, grading and the con- struction therein of base and seal coat of oil and screenings; the improving of the southerly 25 feet, more or less, of Chester Avenue from a point 825 feet, more or less, southerly of Allendale Avenue southwesterly 450 feet~ more or less; the improving of Chester Avenue from a point 1275 feet, more or less, southerly of Allendale Avenue southwesterly to a point lO0 feet, more or less, northerly of its southerly terminus, and the new streets to be opened as provided herein by clearing, grubbing, grading and the construction therein of base, pavement, street monuments, barricades, curbs and gutters where neces- sary together with all appurtenances thereto. (c) The construction of sanitary sewer mains, wye branches, cleanouts, manholes and manhole frames and covers together with all appurtenances thereto in the new street to be opened herein and known as Chester Avenue for its entire length. (d) The construction of storm drainage facilities including culvertsj headwalls, channel realignment, catch basins, storm drain mains, manholes, manhole frames and covers, and all appurtenances thereto wherever required. (e) The acquisition of all lands and easements and the performing of all work auxiliary to any of the above which may be necessary to complete the same. 7. Said Council does hereby adopt and establish as the official grades for said work the grades and elevations to be sho~m upon said plans, profiles and specif:ications. .All such grades and elevations are to be in feet and decimals thereof w::LtlI'~ reference to the datum plane of the City of Saratoga. 8. The descriptions of the acquisitions and improvements and. the termini of the work contained in this Resolution are general :in nature° All items of work do not necessarily extend i'or the full length of the description thereof. The plans and profiles of the work, and maps and descriptions, as contanLned j~n the Engineer's report, shall be controllin~; as to the correct and detailed description thereof. 9. Said contemplated acquisitions and improvements,in the opinion of sanLd Council~ are oi' more than local or ordinary !.~ublic benefit, and the costs and expenses thereof are made f']har~eable upon an assessment district, the exterior boundaries of which district are the composite .and consolidated area as more parti- cularly shown on a :map thereof on file in the office of the Ci'tZ.r Clerk, to ~.~hich reference l:s hereb~ made for further particulars. Said map indicates 'by a boundary line the extent of the ter~"itorF' included :in the proposed district and shall govern fo~'~ all details as to the extent of the assessment district. too Said Conncil further declares that all public streets and hi~.,~ays w:ithin said assessment district in use in the per- formance of a public function as such shall be omitted from the assessment hereafter to be made to cover the costs and expe:nses of said acquisitions and :improvements. 1D~. ~;]ot:Zce is hereby t~iven that serial bonds to represent the un[~aid assessments, and bear interes. t at the rate of not to e~,'~ceed six per cent (6%) per m'~num, ~il! be issued hereunder in the manner provided in the improvement Bond Act of 19t~ Division 10 of the Streets and Highways Cocle, the last install- merit of ~,..fi~:ich bonds shall mature not to exceed fourteen (1~.~), ~ears from the second day of July next succeeding ten (!0) months from their date. 12. Except as herein otherwi. se provided[ for the issuance of bonds~ all of said acquisitions and improvements shall be. mad~. and done pursuant to the provisions of the ~.lunicipa! Improvement Act of 1913. 13. ]:{eference is hereby made to proceedm:i. ngs had pursuant to Division ~ of the Streets and Highways Code on file :~i.n the ot'f..i. ce of the City Clerk. 14. Said proposed acquisitions and[ improvements are hereb),' referred to the Engineer of ]'lork, being competent persons employei':fi.' by said City for that purpose, and said Engineers are here'bZ~ directed to make and file with the City Clerk of said City a report in writing, presenting the following: (a) ldaps and descriptions of all acqui. sltions to be made] (b) Plans and specifications of the proposed improvements to be made pursuant to this Resolution of Intention; (c) Engineer' s statement of the itemized and total estim. ated costs and expenses of said acquisitions and improvements and of the incidental expenses in connection therewith; (d) Diagram showing the assessment district above referred to, and also the boundaries and dimensions of the respective subdivisions of land within said district as the same existed at the time of the passage of this ]:~esolutlon of Intention, each which subdivisions shall be given a separate nt~nber upon said d i agrmn; (e) A proposed assessment of the total o~-lount of tt~e costs and expenses of the proposed acquisitions and improvements ul.~on the several subdivisions of land in said district in proport:ion to the estimated benefits to be received by such subdivisions, respectively, from said acquisitions arid improvements, and of the expenses incidental thereto. 15. If any excess shall be realized from the assessment it shall be used, in such amounts as the ~,_ C~.ty _COunn~l may deter- mine, in accordance with the provisions of law for one or more of the following purposes: (a) Transfer to the general fund of the City , ]pro- vided that the amount of any such transfer shall not exceed the lesser of $1,000 or 5% of tile total amount expended 'from the improvement fund; (b) As a credit 'upon the assessment and any supplemental assessment~ or (c) For the maintenance of the improvements° ********** I hereby certify that the foregoing is a full, true and. correct copy of Resolution duly passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 6=h d~r of Ma~ , 1964, by the following vote of the members thereof: AYES, and in favor thereof, CounciLmen: Glennon, Hardman, Tyler, Sur~ NOES, Councilmen: None A~, Councilmen: Drake :~ty Cl~~: of the cit~f' Saratoga APPRO~ D ~...