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HomeMy WebLinkAboutCity Council Resolution 219 WHJS-~:KIJ:mh 12-~ 64-10 RESOLUTION NO. 219 A RESOL. UTION OF INTENTION TO CONSTRUCT IMPROVEMENTS THE~ AVENUE AREA ASSESSMENT DISTRICT RESOLVED, by the City 0.euncll of the City of Saratoga, California, as follows: 1. That in its opinion the public interest and convenience require and that it is the intention of said Council to order the construction of the following improvements, to-wit: The improving of Thelma Avenue from Saratoga-Sunnyvale Road to Beaumont Avenue~ Franklin Avenue for its entire length~ Hammons Avenue from Franklin Avenue to the north line of Tract 388, Jims Way from Franklin Avenue to the south line of Tract 627, Saratoga Vista Avenue for its entire length~ and Saratoga Vista Court from the east line of Tract 537 to the west line of Tract 537, by grading and the construction therein of Portland cement concrete curbs and gutters, base pavement and. wearing surface, storm drain pipest manholes, catch basins and appurtenances as required, together with the construction of all work auxiliary to any of the above and necessary to complete the same° 2o Whenever any public way is herein referred to as running between two public ways or from or to any public way, the intersec tions of the public ways referred to are included to the extent that work shall be shown on the plans to be done therein. 3. Said streets and highways are more particularly shown on the records in the office of the County Recorder of Santa Clara County, California, and shall be shown upon the plans herein referred to and to be filed with the City Clerk of said City° 4. All of said work and improvements are to be constructed at the places and in the particular locations~ of the forms~ sizes dimensions and materials, and at the lines, grades and elevations as shown and delineated upon the plans, profiles and specification to be made therefor~ as hereinafter provided. D. There is to be excepted from the work herein described any of such work already done to line and grade and marked excepte< or shown not to be done on said plans, profiles and specifications 6. 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 sai, grades are hereby changed and that said work will be done to said changed grades. 7- Said Council does hereby adopt~and establish as the official grades for said work the grades and elevations to be shown upon said plans, profiles and specifications. All such grades and elevations are to be in feet and decimals thereof with reference to the datum plane of the City of Saratoga. 8. The description of the improvements and the ter~ni of ~he work contained in this Resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work, as con- tained in the Engineer's report, shall be controlling as to the correct and detailed description thereof, 9. The City will contribute an amount equal to two-thirds of the cost of said improvements, together with the expenses incidental thereto, and the balance of the costs and expenses thereof shall be assessed upon the district benefited thereby, the exterior boundaries of which district are the composite and con- solidated area of the parcels of property fronting on the proposed improvements, more particularly shown on a map thereof entitled "Map Showing th~ Exterior Boundaries of the Thelma Avenue Area Assessment District", on file in the office of the City Clerk, which indicates by a boundary line the extent of the territory included in the proposed district and shall govern for all details as to the extent of the assessment district. 10. Said Council further declares that all public streets and highways within said assessment district in use in the per- foz~nance of a public function as such~ shall be omitted from the assessment hereafter to be made to cover the costs and expenses of said improvements. 11. Notice is hereby given that serial bonds to represent. th~ unpaid assessments and bear interest at the rate of not to exceed. six per cent (6%)per annum, will be issued hereunder in the manne~ provided in the Improvement Bond Act of 1915, Division lO of the .Streets and Highways Code, the last installment of which bonds shall mature not to exceed fourteen (14) years from the second day of July next succeeding ten (10) months from their date. 12. Except as herein otherwise provided for the issuance of bonds, all of said improvements shall be made and done pursuant to the provisions of the Municipal Improvement Act of 191B. 13o Reference is hereby made to proceedings had pursuant to Division 4 of t:h$ Streets and Highways Code on file in the office of the City Clerk. 14. Said proposed improvements are hereby referred. to the Engineer for the project, being a competent person employed said City for that purpose, and said Engineer is hereby directed to make and file with the City Clerk of s~a. id City a report in writing, presenting the following: a) Plans and specifica..tions of the proposed improve- ments to be made pursuant to this Mesolution of Intention; b) Engineer's statement of the itemized and tot.a. 1 estimated costs and. expenses of said improvements and of the incidental expenses in connection therewith; c) Diagram showing the assessment district above re- ferred to, and also the boundaries and dimensions of the respectiv, subdivisions of land within said district as the same existed at the time..of the passage of this Resolution of Intention, each of which subdivisions shall be given a separate number upon said diagram; d) i proposed assessment of the total amount of the costs and expenses of the proposed improvements upon the several subdivisions of land in said district in proportion to the esti- mated benefits to be received b~ such subdivisions, respectively, from said 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 City Council may determine~ in accordance with the provisions of law~ for one or more of the following purposes: a) Transfer to the general fund. of the City, provided that the amount of any such transfer shall not exceed.. the lesser of $1,000 or 5% of the total amount .~xpended 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, tr~e and correct copy of Resolution duly pass. ed and ~dopted by the City Council of the C~ty of Saratoga, California, at a meeting thereof held on the 16th day of ............. D~cember ........ , 196 ~., b~ the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Glennon, Hartman, Burry NOES, Councilmen: None ABSENT, Councilmen: Drake and Tyler