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HomeMy WebLinkAboutCity Council Resolution 603 WJML: KIJ :mh .1/11/72 RESOLUTION N0. ~ A RESOLUTION APPROVING FORM OF RESOLUTION OF INTENTION AND BOUNDARY MAP, AND GRANTING CONSENT OF THE CITY COUNCIL OF THE CITY OF SARATOGA TO COUNTY SANITATION DISTRICT !N0.4 OF SANTA CLARA COUNTY TO UNDERTAKE PROCEEDINGS TO CONSTRUCT A SANITARY SEWERAGE PROJECT AND TO PROVIDE THAT THE COST SHALL BE ASSESSED ON THE DISTRICT BEHEFITED UNDER APPROPRIATE SPECIAL ASSESS- MENT AND ASSESSMENT BOND PROCEEDINGS SANITARY SEWERAGE PROJECT NO. 1972-1 UNIT NO..2 RESOLVED, by the City Council of the City of Saratoga, California, that WHEREAS, County Sanitation District No. 4 of Santa Clara County, pursuant to Section lOl04 of the Streets and Highways Code, has sub- mitted to this Council for approval a proposed Resolution of Intention to form an assessment district, together with a plat indicating by a boundary line the extent of territory included in the proposed district, in view of the fact that a portion of the land to be assessed lies within the corporate limits of the City of Saratoga; and WHEREAS, the public interest and general welfare will be served by undertaking and completing said project; NOW, TEEFOE, IT IS ORDERED, as follows: 1. That the form of Resolution of Intention to form an assess- ment district, submitted by the Board of Directors of said Sanitation District and this day presented to this Council, be, and it is hereby approved. 2. That the ~lat indicating by s boundary line the extent of the territory included in the proposed assessment district, submitted by said Board and this day presented to this Council, be, and it is hereby approved. 3. That upon approval of the legislative bodies of any public entities with Jurisdiction said Resolution of Intention may be adopted, and said Board of Directors may thereafter take each and every step required for or suitable for the consummation of the work and the levying, collection and enforcement of the assessments to cover the expenses thereof and the issuance and enforcement of bonds to represent unpaid assessments. 4. That consent be, and the same is hereby, granted to said Sanitation District to acquire and construct said sanitary sewerage system as described in said Resolution, to form said assessment district and to make such changes and modifications therein as may be proper or advisable in the manner provided by law. 5. That consent be, and the same is hereby, granted to said Sanitation; District to open all such public streets as are required for the installation of said sanitary sewerage system. All work per- taining to said project shall be done under the direction of the Dis- trict's Engineer and to the satisfaction of the City Engineer of this City, and in conformity with good engineering practice. Said District Engineer shall require of the contractor that all of the provisions of the' specifications are complied with by the contractor, to the end that no greater amount of ditches are open at any time than is necessary, that they shall be adequately lighted and barricaded, and that they shall be promptly backfilled, and that the pavement shall be restored with materials of like quality and character as those existing therein at the time of such work and to its former condition and state of useful- ness as nearly as may be. In this regard, District shall first receive the written approval of the Director of Public Works that all backfill and paving complies ~ with City requirements prior to final payment to contractor, to which District agrees by acceptance of the' within con- sent, this resolution being conditioned upon such agreement by District. 6. That the Director of Public Works be, and he.is hereby, authorized and directed to carry out the provisions of this Resolution. 7o That the City.Clerk be, and he is hereby, directed to file with the Secretary of said District a certified copy of this Resolution. I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the l~h day of January I, , 1972, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Robbins, Smith, Dwyer, Bridges, Kraus NOES, Councilmen: None ABSENT, Councilmen: None ,1~.~ Of / City C the 0~t~ of Saratoga APPROVED: WJML:KJmh 1-11-72-20 RESOLUTION NO. 72.2. A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS SANITARY SEWERAGE PROJECT NO. 1972-1 RESOLVED, by the Board of Directors of County Sanitation District No. 4 of Santa Clara County, California, that 1. In its opinion the public interest and convenience require and that it is the intention of said Board to order the acquisitions and improvements in and for said District as more particularly described in Exhibit "A" hereto attached and incorporated herein by reference. 2. 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 is 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 the County of Santa Clara, State of California, and shall be shown upon the plans herein referred to and to be filed with the Secretary of said District. 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 specifications to be made therefor, as hereinafter provided. 5. There is to be excepted from the work herein described any of such work already done to line and grade and marked excepted 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 differ- ent 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 Board 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 U. S. Coast Geodetic Survey. 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 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. 9. Said contemplated acquisitions and improvements, in the opinion of said Board, are of more than local or ordinary public bene- fit, 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 District Secretary, entitled "Proposed Boundaries of Sanitary Sewerage Project No. 1972-1 Assess- ment District, County Sanitation District No. 4 of Santa Clara County, California", to which reference is hereby made for further particulars~ Said map indicates by a boundary line the extent of the territory in- cluded in the proposed district and shall govern for all details as to the extent of the assessment district. lO. Said Board 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 here- after to be made to cover the costs and expenses of said acquisitions and improvements. ll. Reference is hereby made to proceedings had pursuant to Division 4 of the Streets and Highways Code, on file in the office of the District Secretary. 12. Notice is hereby given that serial bonds to represent the unpaid assessments and bear interest at the rate of not to exceed seven percent I7%) 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 installment of which bonds shall mature not to exceed fourteen (14) years from the second day of July next succeeding ten 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. 13. Except as herein otherwise provided for the issuance of bonds~ all of said improvements shall be done pursuant to the provi- sions of the Municipal Improvement Act of 1913. 14. Said proposed acquisitions and improvements are hereby referred to the District Engineer, being a competent.person employed by said District for that purpose, and said Engineer is hereby directed to make and file with the District Secretary 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 al'so 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 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 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 incidental thereto; and e) Maps and descriptions of the lands and easements to be acquired. When any portion or percentage of the cost and expenses of the acquisitions and improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of said acqui- sitions and improvements, and said assessment shall include only the remainder of the estimated cost and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to subdivision (c) of this section, 15. Notice is hereby given that in the opinion of the Board of Directors, the public interest will not be served by allowing the property owners to take the contract for the construction of the im- provements and that, pursuant to Section 10502.4 of the Streets and Highways Code, no notice of award of contract shall be published. 16. If any excess shall be realized from the assessment it shall be used, in such amounts as the Board 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 District, 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. PASSED and ADOPTED by the Board of Directors of County Sanitation District No. ~ of Santa Clara County on the day of , 1972, by the following vote: AYES, and in favor thereof, Directors: Abrahams, Colla, Doetsch, Dorman, Gillmor, Mehrkens, Robbins NOES, Directors: None ABSENT, Directors: None ................. C~irman of said Board ATTEST: District Secretary EXHIBIT "A" UNIT NO. 1 - (City of Campbell) UNIT NO. 2 - (City of Saratoga) a) The construction of a sanitary sewer force main in Mendelsohn Lane from an existing sewer main at the inter- section of Hill Avenue easterly about 488 feet, together with the construction of a sewage pumping station near the intersection of Mendelsohn Lane and the Piedmont Road right-of-way. b) The construction of sanitary sewer mains, wye branches, risers, cleanouts, manholes and laterals, with cast iron manhole and riser frames and covers, in easements to be acquired herein, from said proposed pumping station generally southerly and southwesterly in the Piedmont Road right-of-way to the intersection of the Peach Hill Road right-of-way, thence generally westerly and southerly in the Wildcat Road right-of-way to the southerly comer of the line dividing proposed Assessment and Diagram Nos. 27 and 28; from a point about 225 feet southerly of proposed Manhole No. 1 in said Piedmont Road right-of-way line, in an easement to be acquired herein, easterly about 112 feet; and from proposed Manhole No. 3 in said Piedmont Road right-of-way line, in easements to be acquired herein, generally southerly along the rear lot lines of proposed Assessment and Diagram Nos. 31, 32 and 33, a distance of approximately 792 feet. c) The acquisition of a right of service and use in the sanitary sewerage and sewage disposal facilities of County Sanitation District No. ~ of Santa Clara County, and the acquisition of all lands and easements, disposal and other rights, and the doing of all work and the construction of all improvements auxiliary to any of the above and necessary to complete the same.