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HomeMy WebLinkAbout762 t _ o:�, ® WJM&L:. :S :zw 4/16/74 12c RESOLUTION NO. 762 A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS SEWER ASSESSMENT DISTRICT NO. 10 RESOLVED, by the City Council of the Town of Los Altos Hills, California, that in its opinion the public interest and convenience require and that it is the intention of said. Council to order the following acquisitions and improvements, to wit: 1. (a) The construction of sanitary sewer mains, manholes with manhole frames and covers, wyes and laterals, where required, in Summitwood Road from Tepa Way southwesterly 520 feet, more or less, to a point opposite the line common to Lots 4 and 5, Tract 3340; thence in easements to be acquired along said common line to a point in Summitwood Road, thence southwesterly along Summitwood Road to a point opposite the line common to Lots 1 and 3, Tract 3244; thence southerly in easements to be acquired along said common line and its southerly prolongation to a point on the southwesterly line of Lot 5, Tract 2043, thence southeasterly along the southwesterly line of Lots 5 and 6, Tract 2043, continuing in and along an existing ease- ment adjacent to the southwesterly line of A.P.N. 336-32-50 to a point in La Loma Drive, thence from said point northerly 225 feet, more or less in La Loma Drive andfrom said point southeasterly 150 feet, more or less, to a point opposite the northwesterly line of A.P.N. 336-32-69, thence in easements to be acquired southwesterly 170 feet, more or less, to a point, thence from said point south- westerly 240 feet, more or less, and from said point southerly 225 feet, more or less, along the line common to A.P.N. 336-32-69 and A.P.N. 336-32-68 thence southwesterly 120 feet, more or less, along the northerly line of A.P.N. 336-32-67; from a point in Summitwood Road opposite the easterly line of Lot 5, Tract 3340, running thence southerly 320 feet, more or less, in an easement to be acquired, along said easterly line to the northerly line of Lot 6, Tract 3340; from a point in Summitwood Road opposite the line common to Lots 4 and. 5, Tract 3340, thence easterly 200 feet, more or less, along Summitwood Roadto a point opposite the easterly line of Lot 4, Tract 2043, thence southerly 75 feet, more or less, in easements to be acquired along said easterly line and from said point south- easterly 350 feet, more or less, in an easement to be acquired along the line common to Lots 1 and 2, Tract 2043, to a point in La Loma Drive, thence from saidpoint northeasterly 150 feet, more or less, in La Loma Drive and from said point southeasterly 300 feet, more or less, in an easement to be acquired along the line common to Lots 2 and. 3, Tract 2003. (b) The acauisition of all rights, lands and easements and the performance of all work auxiliary to any of the above necessary to complete the same. 2. To the extent that work, rights, improvements or acqui- sitions indicated in the Engineer' s Report, to be made as provided herein, are shown to be connected to the facilities, works or systems of, or are to be owned, managed and controlled by, any public agency other than this entity, or of any public utility, it is the intention of the legislative body to enter into an agreement or agreements with the public agency or public utility or both pursuant to Chapter 2 (commencing with Section 10100) of Division 12 of the Streets and Highways Code, which agreement or agreements shall provide for the ownership by said agency or utility of such works, rights, improve- ments or acquisitions, and may provide for the installation of all or a portion thereof by said agency or utility and for the providing of service to the properties in the area benefiting from said work, rights, improvements or acquisitions by said agency or utility in accordance with its rates, rules and regulations, and that said agreement or agreements shall become effective after proceedings have been taken for the levy of the assessments and sale of bonds and funds are available to carry out the terms of any such agreement or agreements . 3. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the inter- sections of the public ways referred to are included to the extent that work shall be shown on the plans to be done therein. 4. 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 Town. 5. All of said work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes, dimen- sions 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. 6. There is tobe excepted from the work herein describedany of such work already done to line and grade and marked excepted or shown not to be done on said plans, profiles and .specifications . 2 L ' • • 7. Notice is hereby given of the fact that in many cases said work andimprovements 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. 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 Town of Los Altos Hills. 9. In cases where there is any disparity in level or size between the improvements proposed to be made herein and private property and where it is more economical to eliminate such disparity by work on said private property than by adjustment of the work on public property, it is hereby determined that it is in the public interest and more economical to do such work on private property to eliminate such disparity. In such cases, said work on private prop- erty shall, with the written consent of the owner of said property, be done andthe actual cost thereof may be added to the proposed assessment of the lot on which said work is to be done. 10. Notice is hereby given that it is the intention of the Council to consider adoption of an ordinance authorizing contribu- tions by the Town from any sources of revenue not otherwise pro- hibitedby law, or any specified amount, portion or percentage of such revenues, for the purpose of acquisition or construction of improvements, the acquisition of interest in real property and the payment of expenses incidental thereto for the use and benefit of the assessment district, and to consider authorizing application of such revenues as a credit upon the assessment. 11. 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, 3 and maps and descriptions as contained in the Engineerts report, shall be controlling as to the correct and detailed description thereof. 12. Saidcontemplated acquisitions andimprovements, 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. 13. Said Council further declares that all public streets and highways within said assessment district in use inthe 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. 14. Notice is hereby given that serial bonds to represent the unpaid assessments, and bear interest at the rate of not to exceed seven percent (7%) per annum, will be issued hereunder in the manner provided in the Improvement Bond Act of 1915, Division 10 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. The provisions of Part 11.1 of said Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds, shall apply. 15. Notice is further given that should there be publicly owned operative property within the assessment district, certificates or serial bonds to represent the unpaid assessments against publicly owned property in use in the performance of a public function and bear interest at the rate of not to exceed seven percent (7%) per annum, will be issued hereunder pursuant to Section 6467 or Chapter 4 Ink • 4, 5 (commencing with Section 6468) , Part 5, Division 7 of the Streets and Highways Code of the State of California, the : Improvement Act of 1911, the last installment of which certificates or bonds shall mature not to exceed fourteen (14) years from the second day of June beginning with the fiscal year next following the date of the bonds . 16. 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. 17. . 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. 18. Said proposed acquisitions and improvements are hereby referred to the Engineer of Work, being a competent person employed by said Town for that purpose; and said Engineer is hereby directed to make and file with the City Clerk of said Town a report in writing, presenting the following: (a) Maps and descriptions of the lands and easements to be acquired; . (b) Plans and specifications of .the proposed improvements to be made pursuant to this Resolution of Intention; (c) 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; - (d) Diagram showing the assessment district above referred to, andalso the boundaries and dimensions of the respective sub- divisions 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; (e) 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 districtin proportion 5 . • • to the estimated benefits to be received by such subdivisions, re- spectively, from said acquisitions and improvements, and of the expenses incidental thereto. 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 acquisi- tions andimprovements, 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 (d) of this Section. 19. 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 published. 20. 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 Town, 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 xP P fund; (b) As a credit upon the assessment and any supplemental assessment; or (c) For the maintenance of the improvements,. 6 � r • • , ti I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted at a meeting of the City Council of the Town of Los Altos Hills held on April 17 1974, by the following roll call vote: AYES : Councilmen: Cheney, Hel gesson, McReynolds , Miller, Mayor Grabowski NOES : Councilmen: None ABSENT: Councilmen: None ATTEST: � i y er APPROVED: 'ay. ,