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HomeMy WebLinkAboutORD 2478. .. . • e WJML:KlJ:mf 8/5/68 25C ORIGINAL ORDINANCE NO. 24 78 , AN OR)JiNAN'CE TO VALIDATE THE ORGANIZATION, BOUNDARIES, ENGINEERING· DOCUMENTS'· FILING PROCEDURES, HOTICES, ASSESSMENTS, CONTRACTS, AND ASSESSMENT BONDS OF THE CITY OF PALO ALTO, AI'm ALL ACTS AND PROCEED­ INGS IN CONI'fECTIQN THEREWITH, AND DECLARING THE URGENCY THEREOF, TO TAKE EFFECT, IMMEDIATELY The Council of the City of Palo Alto does ordain a.s follows: Section 1. ·Definitions: The following terms ~shall have the follow­ ing meanings herein: . a} The term "Code" means the Palo Alto Improvement Procedure Code as set forth in Title 13 of the Palo Alto Municipal Code. b) The'' term "Old Code" means the Palo Alto Improvement Proce­ dure Code !Jhich preceded the present Code, and which w~,s set forth in Ordinance No. 1928, An Ordinance Providing Procedure in Relation to the Acquisition or Construction of Local Improvements and the Levy of Assess- ments and Issuance of Assessment Bonds Therefor, adopted by this Council. on April 11, 1960, as amended, and its predecess~r set forth in Ordinance No. 844, adopted January 13~:,1941, as thereafter amended. c) "General law'~ ma~ns any general law of the State of California applicable to the City which establilihe~{ pro;~.edures for the accomplishment of public improvements by special assessment proceedings • . • d) The word "now!' _means the dat·e this Ordinance takes effect; . 'the word. uheretofore". means any·t1me prior to .'su~h effecti~e· date; and. the word "hereafter" means ·ariy "time s'ub_sequerit to such effective date. Section 2. Short Title: . This Ordinance shall be cited and re:f"erred . to as the Validating Ordinance of 1968. . -. Section 3. Validation,;,.. Organization: ·All acts and proceedings ·heretofore taken by the Council of the City or'i?alo Alto under the Code or the Old Code and under the Conat:ttutiob or·· the State or· California and the Charter of th1$ City, or upder the genel"al law~· or under· color of a.IlY:· . . . or safd·:1aws, ·:ror the organization o,:S any special assessment district, iJ' ~. are h~reby -conf'irmed, validated and declared legally etf'ective, and all o:f said assessment districts are hereby"deqiaJ;"ed to have been legally } organizec:I and to be legally functioning as such • . ' ·., . . . • ·. \ Section 4. Id. -Boundaries: The boundaries of said assessment districts as heretofore established and defined in the proceedings for the organization thereof are hereby confirmed, validated and.declared leg~lly est~blished. Section 5. Id. -Engineer's Reports: All Engineer's reports pre- pared by the City Engineer in any of sa:lri proceedings, including maps and description~.of lands, easements and rights and property to be acquired, plans and specifications of proposed improvements, Engineer's estimates of total and itemized costs and expenses of acquisitions and improvements and of incidental expenses in connection therewith, diagrams and maps showing the assessment districts and the boundaries thereof and the boundaries and dimensions of the respective subdivisions of land within said districts, and proposed assessments of the amounts of the costs and expenses of acquisitions and improvements and of the .expenses incidental thereto, a.~e · hereby confirmed, validated and declared legally adequate and effecitve. Such validation includes all acts and proceedings of said City Engineer, and Of any person, public officer, board or agency heretofore done OI' taken in connection with said Erigineer•s reports. Section 6. .Id. -Filing: The deposit of-said Engineer's reports in the office of the. City Engi?-eer after .having been filed with the ·city Clerk and preliminarily approved by the Council, is hereby ratified, con­ firmed and declar~d legally adequate .and effective, and ·6,ny Engin~er.1 s reports so filed, prelimina_ril.y approved and deposited and made available at said office of the City Engineer tor· examination by any p~rson inter­ ested during office hours, shall be deemeJ to have been ;filed with' the City Clerk or filed in the off~ce of the City Oler~ within the meaning of . the Code and the. end Code and the_ State laws referfed to in either of said .. -. Codes and the general law. A."lY Engineer 's reports required by· the Code, _, the Old Code, or any State laws rc!rerredto in either of said Codes or the -f general law to be filed with ttie--c1ty Clerk or filed ~in ·the'office of.-the City Clerk, which are hereafter prep~red by the City Engineer, ·filed with -. the dfty Clerk, preliminarily approved by this Council, and-deposited in 2 ---------------~----------------------! ... the office of the City Engineer and made available at said office for· examination by any person interested during office hours shall be deemed ·to be filed with the City Cle~k o~ filed in the office of the City Clerk .j .·w1 thin the meaning of said Codes and Laws. Section 7. Id. -Assessment and Diagram: All acts and proceedings heretofore taken by or on behalf of the Council under the Code or the Old Codf; t\nd the Constitution of the State of California _and the Charter oi' this City, or under the general law, or under color of any of said laws, -,for the levy oi' special assessments are hereby confirmed, validated and declared legally effective. ·This shall include all acts and proceedings of the Council and of any person, public officer, board or agency hereto­ fore done or taken ·in connection with the .. levy of such assessments. All such assessments heretofore levied, confirmed and recorded in the office of the Superintendent of Streets and ~otices of Assessment and .. Diagrams and Maps recorded in the office of the County Recorder, shall be in the form and manner in which so levied?-confirmed and recorded, legal, valid and binding special assessments and constitute liens against the -parcels of property affected thereby. All such assessments heretofore levied and confirmed and all such assessments and notices and diagrams B.&~d maps thereof he~eafter recorded in the offices of the Superintendent of Street;s and county Recorder in accordance with such confirmation shall be legal, valid and binding special assessments and upon such recordation shall constitute legal, valid and binding liens against the properties affected thereby. Sect1on8. Change· and Modification Proceedings: Al-1 acts and pro­ cettdings,·11.eretotore taken by or on behalf of the Courtc+1 under the Codt::, the Old cocie·; -the Constitution of the sta;oe of California an4 the Charter of this City, or under the general ·1aw, or under c ()ior of ahy.1 of said laws:, -~. ' for the change and modification of any proceedings,~ b-ound8.rfes of' said -r· assessment districti,.plans~ ~dspecifications, estimates of costs, maps ' ---~ -. - iU!ti desc~iptions 01" easements, rights; propertY,: and lands to be acquired, di~grams _Qf assessment districts ··or-' prop()se'd asses"ments, are hereby con- " firmed, validated and declared_ 1.egall.y effective-. This shall include all . . . '' : ,, . ,~ i acts and proceedings of the Council. and of. any rerso' ; public officer, ' . board or agency heretofore done or taken ·in connec~.on with said changes and modifications. Section 9. Id. -Contracts: Any and all contracts, stipulations or agreements made by·or on behalf of the City of Palo Alto and its Council for the acquisition. of any lands, easements, rights or property and for the construction and installation of any improvements pursuant to any of said proceedings are hereby confirmed, validated and declared legally effective. This shall include all acts and proceedings of the Council and of any person, public officer, board or agency heretofore done or taken in connection with said contracts, agreements or stipulations. All such contracts, agreements or stipulations heretofore made and hereafter carried out and completed in accordance with their terms shall be legal, valid and binding contz'acts of the City of· Palo Alto. / Section 10. Id. -Bonds: All acts and proceedings heretofore taken by or on behalf of the City of Palo Alto and its-Council und~r the Code, the Old Code and under the Constitution of the State of California and ·:' the Charter of this.pity, or under the general law, or under color of any of said laws,, for the· authorization, 1£tsuahce, sale and delivery of bontis · of said City tor any of said as~essment. districts ~~-·represent the unpaid assessments in any of" said proceedings or :i'Qr the purpose of paying the . . coa,ts and expenses of the acquisitions and improvements ordered in said ' 'proceedings are hereby confirmed, validated and --declared legally effective. -. ~ . .' ' This shall include all acts and. proceedings of the Council and any perso~, public of'.fice·r, board .. or agency .. heretofore done or taken upon . . 'the question of the~·authorization, issuance or sale of suph bonds. All· such.bonds·to represent unpaid e.ssessments heretofore levied . . \ \ ., . ·.- ' and conf1I-med, and h~reafter recorded and ·set·rorth on a list ot unpaid assessments and filed with the ·City Treasut-er, arid. ·said bonds thereafter·· issued, sold and delivered in accordanc'e with· such· pro'l~eedings/ ~">r as. modified by ' change and m:od1£1ca tion ·pro.ceedings in the manner provided 'bY law1 shall b~ -the legal, -valid· artd binding-special obligations o!'·-the _; ... . ~, . City, as provided in said proceedings and said laws. All such bonds to represent unpaid assessments he-retofore levied, ·confirmed and recorded in the office of the Superintendent of Streets and to be.hereafter set forth on a list of unpaid assessments and f'iled with the City Treasurer, and said bonds hereafter issued and delivered in accordance with such prior proceedings, shall be legal, valid and binding ' special obligations of the City of Palo Alto, as provided in said pro- ceedings. All such bonds to represent unpaid assessments heretofore levied and confirmed and recorded and shown on the list of unpaid assessments filed with the City Treasurer and said bonds hereafter issued, sold and delivered in accordance with such proceedings, shall be the legal, va°lid , and binding special obligations of the City of Palo Alto, as provided in said proceedings. All s~ch bonds to represent unpaid assessments heretofore levied ·, and confirmedand recorded and shown on the list of unpaid assessments filed with the City_Treasurer and said bonds heretofore sold and hereafte+ issued and delivered in accordance with such prior proceedings, shall be the legal, valid and binding special obligations of the City of Palo Alto, as provided in said proceedings. Section 11. Etfect of this Ordinance: The foregoing provisions of this Ordinance shall operate to supply ouch legislative authorization as ·-' . , . . . -l. { may be necessary to validate·a.ny such acts and· proceedings heretoforl.- taken and to be hereafter completed which this council could have Gupplied or provided for in the law under which such acts or proceedings were taken. Said provisions shall be ·i~ited to the validation of acts.and proceeding~ to the extent to which the sue can be ef{ectuated under the State and Federal Constitutions; Se~t1Qn 12. Emergency.Measure: This Ordinance is hereby declared by-the Council to be necessary .as an emergency measure for preserving.the public peace, health and safety and shall become ettecti,ve immediately. The-peace, health and safety of the citizens ot the· City require 5 ·I •• II , ••• the orderly and unhampered functioning of this Council and the. officers, agents and employees of the City, and such functioning depends upon the validity of the orga.n1zatio~1 and boundaries of special assessment dis-· tr~cts formed under procedures established by this Council, or under the general law, and upon the validity of the Engineer's reports, filings, assessments, changes and modifications, contracts, assessment bonds and all acts and proceedings in connection therewith, and it is therefore imperative and essential that such matters be validated so that during a period before this act would otherwise become effective: a) Public wo~ks and construction by this Council can be com­ menced and continued without delay or restriction, to provide public buildings, sewers, waterworks, storm drains, sanitary facilities, other · · -ut11,1ty works, streets, curbs, gutters, sidewalks, street lighting :fac111t1es,.publ1c parking facilities and other works, structures, improvements, and facilities required for the public peace, health and safety and iamediately needed to provide for the ever increasing popula~ tion of the City; b) This Cmincil can issue and sell bonds heretofore authorized for the purpose of providing the funds to complete the construction and acquisition or said facilities required for the public peace, health and safety .. ahd imltediately nt!eded to provide for such increased population, .which cannot now be sold because of possible defects which· may be alleged in the organization or boundaries_ of some assessment districts or· in the proceedings leading up to· 'the issuance ~d sale of such bonds, which alleged defects will be cured by this Ordinance. ' . 'Sec'tion 13. ~everabilitz: It. any section, subsection, sentence, clause, phrase or word of'._this ordinance is tield to be unconstutitional or inv&.1111/ such decision_. shall not aftect the i'emairU.ng portions of this \ ' . ' '' ordinance. '{l'he council hereby declar•a ·that it would have adopted an~ • j passed. this ord~ce and each pa.rt, .. chapter, article, division, section,, subse<!tion_, '11entence,. clause, phrase, and word hereof, irrespective of the fact that any one or mc;>re of other part•, chaptera, art~cles, divisions,· 6 ·1 .. \: • sections, subsections, sentences, clauses, pht<ases or worda.hereo:f be. declared invalid or unconstitutional. * 4 * * * * The above and foregoing Ordinance was duly and regularly introduced and passed as an emergency measure at a regµlar meeting of the Council of the City of Palo Alto on Monday by the following vote: , the 25 day of !;:iovember . , 1968, AYES: Arnold, Beahrs, Berwald, Clark, Comstock, Dias, GaHagher, Gullixson, Pearson, Spaeth, Wheatley NOES: None ABSENT: None AT'l'tST: 7 ' ;