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HomeMy WebLinkAboutCity Council Resolution 232 ! WJML: JS: vp 5/3/65 RESOLUTION NO. 232 A RESOLUTION OF INTENTION TO ACQUIRE ANDCONSTRUCTIMPROVEMENTS PIKE ROAD ASSESSMENT DISTRICT RESOLVED, by the city council of the City of Saratoga, Calif- ornia, as follows: 1. That in its opinion the public interest and conveniencf require and that it is the intention of said Council to order the following acquisitions and improvements, to-wit: Pierce Road running thence southerly and south-easterly 3000 feet, more or less, and the improving thereof by clearing, grubb- ing, grading and the construction therein 0f base, pavement curbs, gutters and surface and subsurface storm drainage facilities, where necessary, together with all appurtenances thereto. (b) The acquisition of all lands and easements and the performing of work auxiliary to any of the above which may be necessary to complete the same. 2. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersections 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 in 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 construct- ed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and at the lines, grades and elevations as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. 5. There is to be excepted from the acquisitions and improvements herein described any thereof which have already been acquired or improved to the standards required by the City of Saratoga at the ~ime said improvements were installed° 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 said 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 descriptions of the improvements and the termini of the work contained in this resglution are general in nature. All itsms of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work and the maps and descriptions, as contained in the Engineer's report, shall be controlling as to the correct and detailed description thereof. 9. That the City will contribute an amount equal to two- thirds of the cost of said improvements, together with the expenses incidental thereto, and that the balance of the cost and expenses incidental thereto be assessed upon the district benefited thereby, which district is described as the exterior boundaries of the consolidated and composite area of the par- cels of property fronting on the proposed improvements more particularly shown on a map thereof entitled "M]ap Showing the Exterior Boundaries of the Pike Road Assessment District", on file in the office of the City Clerk, which indicates by a -2- boundary line the extent of the territory proposed to be in- cluded in the assessment district and which shall govern for all details. 10. Said Council further declares that all public 'streets and highways within said assessment district in use in the performance of a public function as such shall be omitted from the assessment hereafter to be made to cover the costs and ex- penses of said acquisitions and improvements. ll. Notice is hereby given that serial bonds to represent the unpaid assessments, and bear interest at the rate of not to exceed six per cent (6%) per annum, will be issued hereunder in the manner provided in the Improvement Bond Act of 1915~ Division lO of the Streets and Highways Code~ the last install- ment of which bonds shall mature not to exceed fourteen (14) years from the second day of July next succeeding ten (lO) months from their date. 12. Except as herein otherwise provided for the issuance of bonds~ all of said improvements shall be done pursuant to the provisions of the Municipal Improvement Act of 1913. 13. Reference is hereby made to proceedings had pursuant to Division 4 of the Streets and Highways Code on file in the office of the City Clerk. 14. Said proposed acquisitions and improvements are he~e- by referred to the Director of Public Works~ being a competent person employed by said City for that purpose; and said Engin- eer is hereby directed to make and file with the City CLerk of said City a report in writing, presenting the following: (a) Plans and specifications of the proposed improve- ments to be made pursuant to this Resolution of Intention; (b) Engineer's statement of the itemized and total estimated costs and expenses of said acquisitions and improve- -3- ments 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 respec- tive subdivisions of land within said district as the same existed at the time of the passage of this Resolution of Inten- tion, each of which subdivisions shall be given a separate number upon said diagram; (d) A proposed assessment of the total amount of the costs and expenses of the proposed acquisitions and improvements upon the several subdivisions of l~nd in said district in pro- portion to the estimated benefits to be received by such sub- divisions, respectively, from said acquisitions and improvements and of the expenses incidental thereto~ and (e) Naps and descriptions of any lands and easements and property to b:e acquired. 15. If any excess shall be realized from the assessment it shall be used, in such amounts as the 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 expended from the ~provemenl fund; (b) As a credit upon the assessment and any supplemental assessment~ or (c) For the maintenance of the improvements. ***** -4- 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 Fth day of April , 196 5 by the following vote of the members thereof: ' AYES, and in favor thereof, Councilmen: Glennon, Drake, Hartman, Tyler, Burry NOES, Councilmen: none ABSENT, Councilmen: none "City' Clerk' of' th~ City yaratoga