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HomeMy WebLinkAboutCity Council Resolution 329 WJ~KIJ:gt 5~ ~66 ~C RESOLUTION N0. 329 A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS VILLAGE PARKING DISTRICT N0.1 RESOLVED, by the City Council of the City of Sara.toga, California, that 1. In its opinion the public interest and convenience require and that it is the intention of said Council to order the a. cquisitions and improvements hereinafter described. ~. ~enever any public way is herein referred to as run- ning between two public ways~ or from or to any public way~ the inte~sections of the public ways referre~ to are included to the extent that work shall be shown on the plans to be done: therein. 3. Said streets and highways are m~ore pai~ticulam'ly shown in the records in the office of the County Recorder of ~]]k~nta Clara County~ California~ and shall be shown upon the plans herein ferred to and to be filed with the City Clerk of said City. 4. All of said work and im~n~ovements are to be constructed a.t the places and inn the particular !ocations~ of -~zhe fcrms~ sizes~ dimsnsH. ons an~ ma~terials, and at the lines, grades and e!evatio~s as shown and delineated upon the plans~ profiles and specifications to be ma~e therefor, as hereinafter provided. 5. There is to be excepted from the work herein ~escribed any of such work already done to line and gra~e and ma~ked ezcepted or shown no'~ to be done on said plans, profiles a~nd s]pecifications. 6. Notice is hereby given of the fact that in n~any cases said work and improvement wi].l bring the finished work to a grade different from that formerly existing, and that to said extent said grades are hereby changed arid 'that said work will be done to said cha. nged gra..c] e s. ?. Said acquisitions and imp~ovements are n~ore pa. rticu- iarly described a.s follows: a) The acquisition of the shaded areas identified as '~Parking Area Acquisition" on the map hereto attached and incorporated herein by reference and the improvement thereof by grading~ removing exist- ing structures and obstructions, and the construc- tion therein of base pavement, wearing surface, curbs, gutters, drainage facilities, lighting facilities, striping, landscaping, and all auxiliary work necessary to complete same as off-street auto- mobile parking facilities. b) The acquisition of easements on, over and under the vertically cross-hatched areas identified as "Access Easement Acquisition" on said attached map for purposes of ingress and egress to said parking areas and underground and overhead utility facili- ties and the improving thereof by grading, removing existing structures and obstructions, and the con- struction therein of base pavement and wearing surface, curbs, gutters~ drainage facilities, utili- ties, and auxiliary work necessary to complete same as access easements. c) The acquisition of those portions of the mottled areas identified as "Residual Property Acquisition" on the said attached map as may be necessary to avoid severance damage equal to or greater than their value as the result of the acquisition of said shaded areas. d) The acquisition of all lands, easements and facili- ties, and the construction of all work auxiliary to any of the above and necessary to complete the same. 8. 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. 9. The descriptions of the acquisitions and improvements and the termini of the work contained in this Resolution are gen- eral 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, and maps and descriptions as contained in the Engi- neer's report, shall be controlling as to the correct and detailed description thereof. 10. Said contemplated acquisitions and improvements, in the opinion of said Council, are of more than local or ordinary public benefit, and the costs and expenses thereof are made chargeable upon an assessment district, the exterior boundaries of which dis- trict are the composite and consolidated area as more particularly shown on a map thereof on file in the office of the City Clerk, to which reference is hereby made for further particulars. Said map 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. 11. Said Council further declares that all public streets and highways within said assessment district in use in the perfor- mance of a public function as such shall be omitted from the assessment hereafter to be made to cover the costs and expenses of said acquisitions and improvements. 12. 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 10 of the Streets and Nighways Code, the last installment of which bonds shall mature not to exceed twenty-four (24) years from the second day of July next succeeding ten (10) months from their date. The provisions of Part ll.1 of said Act, providing an alternative procedure for the advance payment of assessments ~nd the calling of bonds, shall apply. 13. Except as herein otherwise provided for the issuance of bonds, all of said improvements shall be done pursuant to the pro- visions of the Municipal Improvement Act of 1913. 14. Reference is hereby made to proceedings had pursuant to Division ~ of the Streets and Highways Code on file in the office of the City Clerk. 15. Said proposed acquisitions and improvements are hereby referred to the Engineer of Work, being a competent person employed by said City for that purpose; and said Engineer is hereby directed to make and file with the City Clerk of said City a report in writ- ing, 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 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 respective 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) A proposed assessment of the total mount of the costs and expenses of the proposed acquisitions and improvements upon the several subdivisions of land in said district in propor- tion to the estimated benefits to be received by such subdivisions, respectively, from said acquisitions and improvements, and of the expenses incidental thereto. (e) Naps and descriptions of the lands and easements to be ~cquired; 16. Notice is hereby given that, in the opinion of the Council, the public interest will not be served by allowing the property owners to take the contract for the construction of the improvements and that, pursuant to Section 10502.4 of the Streets and Highways Code, no notice of award of contract shall be publf~ed. 17. If any excess shall be realized from the assessment it shall be used, in such amounts as the Council may determine, in ~ccordance 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 amouat of any such transfer shall not exceed the lesser of $1,000 or 5% of the total amount expended from the improvement fund; (b) As a credit upon the assessment and any supplemen- tal 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 4th day of . May_ , 19~_..,., by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Hartman, ~fer, Burry NOES~ Councilmen: none ABSENT, Councilmen: Glennon, Dr~e AP 0