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HomeMy WebLinkAboutCity Council Resolution 397 RESOLUTION N0. 397 A RESOLUTION ACCEPTING QUITCLAIM DEED RESOLVED, by the City Council of the City of Saratoga, California, that that certain Quitclaim Deed executed by PAUL L. FLANAGAN, FRANCIS E. FLANAGAN~ GALEN S. EGBERT and SHIRLEY A. EGBERT, Dated , 1968, granting this City an in- terest in certain sanitary sewerage facilities and in the lands and easements within which said facilities are located, is hereby accepted. I hereby certify that the foregoing is a full, true and correct copy of resolution duly passed and adopted by the CiZy Council of the City of Saratoga, California, at a meeting thereof held on the 17th day of 3anuary , ],968, by the following vote of the members thereof: A~S, and in favor thereof, Councilmen: Glennon, Tyler, Hartm~n, Burry, Robb~ns NOES, Councilmen: None ABSE~, Councilmen: None , .~'[~ ....... ~:~ .... / / . ~.~...::=:::~::;~' ....... "' Cit"y~="~.le'~k'o~ the Ci.~"~ o~ SaPatoga APPR : 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 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 3rd day of January ......... ,1968, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: NOES~ Councilmen: ABSENT, Councilmen: Saratoga ' ' ~ ~ayor 6 17. 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 writing, presenting the following= a) Plans and specifications of the proposed improvements to be made pursuant to this Resolution of Intention~ b) Engineer's statement of the itemized and total esti- mated costs and expenses of said acquisitions and improvements and of the incidental expenses in connection therewith; c) Diagram showing the assessment district above referred to, and also the boundaries and dimensions of the respective subdivi- sions of land within said district as the same existed at the time of the passage of this Resolution of Intention, each of which subdivi- sions 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 land in said district in proportion to the estimated benefits to be received by such subdivisions, respectively, from said acquisitions and improvements, and of the expenses inci- dental thereto~ e) Maps and descriptions of land, easements and facili- ties to be acquired° 18o Notice is hereby given that, in the opinion of the City 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.~ of the Streets and Highways Code, no notice of award of contract shall be published° 19~ 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 fol- lowing purposes= other things, for the supplying by each public utility of plans and specifications for the proposed, electrical, telephone and water distribution systems, for the ownership upon the completion of said facilities by said utilities, respectively, and for the providing of service to applicants therefor in said assessment district by each of said utilities in accordance with the rates, rules and regulations now or hereafter established by the Public Utilities Commission of the State of California, and that said agreements shall become effec- tive after proceedings have been taken for the levy of the assessment and sale of bonds and funds are available to carry out their terms. 13o Notice is further given that the City Council proposes to enter into an agreement with the West Valley Joint Junior College District pursuant to Sections lO109, loll0 and 10111 of the Streets and Highways Code, which agreement will provide, among other things, for the ownership, operation and maintenance of the offstreet auto- mobile parking facilities proposed to be constructed pursuant to this Resolution of Intention. 14. Notice is hereby gives 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 l0 of the Streets and Highways Code~ the last installment of which bonds shall mature not to exceed four (4) years from ~he 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 and the calling of bonds, shall apply. 15o 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 1913o 16o 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° 8o Said Council does hereby adopt and establish as the offi- cial grades for said work the grades and elevations to be shown upon said plans, profiles and specifications~ All such grades and eleva- tions 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 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 and maps and descriptions, as contained in the Engineer's report, shall be controlling as to the correct and detailed description thereof° lOo 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 district 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 refer- ence 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~ ll~ 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 expenses of said acqui- sitions and improvements. l~o Notice is further given that the City Council proposes to enter into agreements pursuant to Sections 10109, loll0 and 10111 of the Streets and Highways CodeJ with the Pacific Gas and Electric Company, the Pacific Telephone and Telegraph Company, and the San Jose Water WorksJ respectively, which agreements will provide, among a) The acquisition of lands and easements necessary to widen the southerly one-half of Allendale Avenue and the easterly one-half of Fruitvale Avenue along the northerly and westerly boundaries, respectively, of the Saratoga Campus of the West Valley Joint Junior College District, and the improving thereof by clearing and grubbing, grading~ subgrade preparation, base pavement and wearing surface, asphalt feathering, concrete curbs, gutters~ traffic bars~ striping, turn and control lanes~ storm drain pipe, catch basins, manholes and appurtenances, landscaping~ safety lighting, electrollers, traffic signals and signs. b) The improving of a parcel of land of the West Valley Joint Junior College District adjacent to Fruitvale Avenue as a public offstreet automobile parking lot by grading~ removing trees~ bushes and existing structures and!the construction therein of base pavement, wearing surface~ curbs, gutters, drainage facilities~ lighting facilities, striping~ landscaping~ and all auxiliary work necessary to complete the same as offstreet automobile parking facilities. c) The acquisition of the right of use of public storm drainage facilities by payment of acreage charges required therefor. d) The improving of public easements to be dedicated for fire protection purposes on the property of the Saratoga Campus of the West Valley Joint Junior College District~ byegrading and the construction therein of base pavement and wearing surface, curbs~ gutters, striping~ traffic bars, signs, storm drain pipe, catch basins, manholes and appurtenances, safety lighting, and such other facilities as are reasonably related to the improving of said rights of way for fire protection purposes. e) Underground electrical and telephone facilities as required to provide such service ~o the lands in the proposed assess- ment district~ f) Water mains, valves~ hydrants~ services and appurtenances as required for providing water service to said lands~ g) The acquisition of all lands and easements and the con- strdction of all work auxiliary to any of the above and necessary to complete the same~