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Home My WebLink AboutORD 2529. ~ - WJMLdCIJ:m • )OC, .ORIGINAL --- ---------------------"-----~----- ORDIIIAJICZ BO. Z52. 9 il' OBDIKABCE.TO VALIDATE THE ORGABIZATIOR, BOUNDARIES, BJIGD'DRil(G'DOCUMD'l'S, PILING PROCBDUBES, 'llOTICES, ASSESSMEITS, COl'l'BACTS, Am>. '-8SBSSMERT BOBDS OP · TBB. OITY OF PALO ALTO, AID ALL--ACTS ABD PROCBBD- -IBGS IR CODECTIOK TBBREWITB, A1'D DEQLAR;IKG THI URGDCY TH;BREOP, TO TAKE BPJPBCT IMMEDIAT,ILY '!'he Council of the City of Palo Alto does ordain as follows: Section l. ·Detinitiona: The following terms shall have the follow ing ~eanings herein: . -, a) The term "Code" means the-Palo Alto Improvemen~_Procedul-~ Code.as set forth in Title 13 of the Palo Alto Municipal Code. b) The term "Old Code 11 means the Palo Alto Improvement Proce dure Code ~hich preceded the present Code, and which w,s set forth in Ordinance No. 1928. An Ordinance Providing PrOt~edure 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, i96o, as amended, and its predecessor:set forth in Ordinance _ No. 844, adopted January 13, 1941, as thereafter amended. c) 11 oenera1 ·law" meart111 any general law or the State ot California - applicable to the "city which establis~be• ·procedul'es. tor the accomplisrunent .-.. . -- of public i~provemerits -by specittl asses.sm~nt:' pr6ce~'diri'gs·. -. "( . .. d). The word ttnov" me$hs the· d•t-~""thia Ordina.D.ce '.t'akes effect~ the word "heretofore" means l!L~ time· ·prior: 'to auch effective dat~; and_ thtt~ worct,· "il~r~atte:r" ·mean·• !&nlr-time·. subst;!que~t-·to $u~~h etftfotive d~te. ·. " . ' ' ' ~ . . ..._ :· ·section 2. · $hbrt·'l.itte: -This or41nancf!· sh'alf''be e·1ted··'attd referred to aa tbe Valida,ting::b~dinance of ·1969. - -.-se~t1on'.:3.d ·,v8:1:ia~p!Q~~ -· o:ra~1z8.t1<>n: · A).1-·a6ts -and ;~robi!!641tlgs:., . . Wilt.mm" ·----.-' her·etotore ~ik~i.l bJ.;th~ couhcil ~r th~ c~ty ·or·Palo.-Aito ·uncitn;'~·~h~ COdtt .·. -. -:;,.-._ ; . . ·-., -;. _. ' .. _ ·---· -..... -.. . _._._···.·.---_.. . -: -. ::._.· ·--: .· . -. - ·.or the'-.014 code and under· the const1tut1on. of th~:.state: of ca11·f'o~n1a and '·tne· chartercor-th:i.'a'-"\11-G,.,-orWtdeZ. ·tne'·genera1·-:1~w, -~or·un~er coic.1-r:c·of~any·---- , -' '; 1 __ , . ot ~aid laws; ··:ror··· the C.rgantz~tion ot aiV _'special assessment di~trict~- . . . ' - . . . ~ -. . -. ' )-'.. . _. -· .--. . -· -. --. .. . -----·, ~ ' --. ' ,-·. ' . ; are h~reby _ conf'irmtfd, ·validated ~,)ld declared legally-ettective, arid ·all · -. ---. . . . . -. . . -. -~ ' of' -Ba14. &lllS~SSrD~rtt dfst~icts are hereby declaJ'ed· t-O have been leg .. lly -• • ' • -• ~ .;!. '. .;;J~c~~ - otos.an1ze~ 'and to be -legally f\inct~ohw.g_ '·. ·~----~'1~h;0 -r·,·--~--3 ~) -'~~..,~ ... ·- ·.\._, ,, --e· . --· _______ -~----------·-- Section 4. Id. -Boundaries: The boundaries of said assessment districts as heretofore established and def'ined in the proceedings for the organization thereof are hereby confirmed, validated and declared legally established. Sections. Id. -Engineer's Reports: All Engineer's reports pre pared by the City Engineer in any of said proceedings, including maps and descriptions· or lands~ easements and rights and property to be acquired, plans and spec1£icat1ona or proposed improvements, Engineer's estimates of total and itemized costs and expenses of acquisitions and improvements and of incidental expenses in connection the~ewith, diagra.J:Ds 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 amou."lts 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 of'ficer, board or agency heretofore done or taken in connection, with said Engineer's reports. ·' Section 6. · Ici. -Filing: The deposit of said Engineer's reports in the office of the City Engineer after having bee'n f'iled with the City· Clerk and prelimin~rily approved by the Council, is hereby ratified, con firmed and de~lared legally adequate and effective, and any Engineer's reports so filed, prelimin~rily approved and deposited and made available at said office of the City Engineer f'or examination by any person inter ested during office hours, shall be deemed to have been f'iled with the City Clerk or·filed in the office of the City Cler~ within the meaning'of' -· the Code and the .. Old Code . and the· State law~ referred to in either o-.r said Codes and the general law. Any Engineer• a repo'rts required by the Code, the Old Code, or any State laws referred to in either of said Codes or the general law to be filed with ·the City.Clerk or fi].ed in the office or.. the City Cl~rlt, -which ·are hereafter prep•red by the City Engineer, file.d with the.City Clerk, preliminarily approved by this Council, and depos,.ted.in 2 • • the orrice ot the City E!ngineer and made available at said office for exam1,nat1on by any person interested during office hours shall be deemed to be filed with the City Clerk or filed in the office of the Ci.ty Clerk within the meaning of said Codes and Laws. Section 7. Id. -Assessment and Diagram: All acts and proceedings ·heretofore taken by .or.oh behalf of the Council under the Code or the Old Code and the Constitution of the State of California.and the Charter of this City, or .under the general law, or under color of aey of said laws, for the levy of special assessments are hereby confirmed, val14ated and declared legally effective. r.rhis 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 heretof'ore levied, confirmed and recorded in the office of the Superintendent of Streets and Notices 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. 'i and maps thereof hereafter recorded· in the offices or the Superintendent of Streets and County Recorder in accordance with such confir!Jlation ~hall be legal, valid and binding special assessments and upon such recordation shall constitute legal, valid and binding liens against the properties affected thereby. -:, i_ Sectioll. 8. Change and Modification Proceedings: All acts and pro ce~dihgfl here.~ofore taken by or on behalf. ot the Council under the. Code, ' . the Oid Code; .. ·the constitution of the State or Cal1.fornia and the Charter of this City i; or·-· under the general °law, or .under color at any of said laws, for the change ~d modification of any proceedings, boundaries of said ·~ aaeessment di,atricts, plans,, and 'sp·ecitlcationa, estimates of costa, maps ~4 descriptions of ease$ents, rights, .property and lands to be acquired, -' .. . d.1.&israms of assessmen't d~stricts ·or proposed assess•ents, are hereby con'!" . . 1'1.rmed, ·Validated anddeclar4'd legally eff'ectiV,e. This shall include all 3 '' .· ,' ---------------------------- '• • acts and proceedings of the Council and of any person, public officer, board or agency,heretofore done or ta~en in connection 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 or ~Y lands, easements, rights or property and for the construction and installation of any improvements pursuant_toapy 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 offic~r, board'or agency heretofqre done or --taken in connection with said contracts, agreements or stipulations. All such contracts, agreements or etip:ulations heretofore made and hereafter carried out and completed in accordance with-their terms shall be legal, valid and binding contracts of the City of' Palo Alto. Section 10. Id~_ -Bonds: All acts and proceedings heretofc~'re taken by or on behalf of the City of Palo Alto and its council under the Code, the Old Code and under the Constitution of the state of cai{fornj.a aud ----- th~ Ch~rter of this City, or under the general law, or under color of any ot said laws, t'or the authorization, issuance, sale ancJ. deli\~ery of bonds ot aaid City ror any of said asf!eaament . d1s_tr1cts to repr_~sent the Unpaid assessments in any of said proceedings or for the·purpose of paying the coa.t.s and expenses of the acquisi tiona and improvements ordered ·-1n said proceedings are hereby confirmed, validated and declared legally effective. This' shall include all acts and proceedings of the Council and any perso~, public officer, board or agency heretofore done' or taken upon the question of' the authorization, issuance or sale of sue"h bonds. All such bonds to represent unpaid assessments heretofore levied and c0nfir.ined, and hereaf'ter recor-ded and set forth on a list of unpaid assesamen~~-and .filed with the City T:reftl'l''1rer, arid -·said bonds thereafter issued, sold and delivered 1naccor~ance-with such proceedings, or a.~· m0d1f1ed by change and modification proceedings in the manner provided ·.·· -. · by law, :&ball pe the legal,, valid. and binding 2pecial obligations of' the 4 " • City, as provided in said proceedings and oaid 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 her6after set forth on a list of unpaid assessments and filed 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 bbndn 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 such bonds to represent unpaid assessments heretofore levied and confirmed and recorded.and shown oh the.list of unpaid ussessments filed with the City Treasurer and said' bonds heretofore sold and hereafter issued and delivered in a~cordance with such prior' proceedings, shall be . I , . the legal, valid and binding special obligations Of the City .·of Palo Alto, as provided in -said proceedings. Section 11. Effect of this Ordinance: The foregoine provisions of this Ordinance. shall operate to suppiy .su~h legislative authorization as .• may be necessary to validate· any such a'cts arid proceedings heretofore taken and to be herea.fter completed which this Council could have supplied or provided f'or in the law under which such acts or proceedings.,were taken~ Said provisions shall be limited to the·validation of aGts and proceedings to the extent to \./hich -the same-can .ire ~f'f'ectuate~ tinder the State and Federal Constitutions • .. 8ection 12. Emergency Measui~e: i This Ordinance is· hereby declared . . by the Council to be necessary as an emergenc:;:y-measure· for preserving the public peace, health and safety ·and shail become effective immediately. The peace,·: health and--safety ,o:f t~e citizens o:;.' the .. City require J 5 i . . . . • • the orderly and \lllhampered functioning of this Co~ncil and the officers, ~gents and e~p~_C)yees of the City, and such functioning depends upon the validity of the organization and boundaries or special assessment dis~ tricts tormed under procedures established by this Council, or under the . general law, and upon the validity of toe Engineer's reports, filings, assessments, changes and modifications, contracts, assessment bonds and all acts and proceedings in connection therewith,·4nd it is therefore imperative and essential that such matters be validated so that during a period befo~e this act would otherwise become effective: a) Public works and construction by this· Council can be com menced and continued without delay or restriction, to provide public buildings, s1.. "'.'~a, waterworks, storm drains, sanitary facilities, other utility works, streets, curbs, gutters, sidewalks, stieet lighting f'ac1lities, public·parking facilities and other works, structures, improvements, and facilities required for the public peace, health and. &af'ety and immediately needed to provide for the ever increasing'popU:la~ tion of the City; b) Thi.a Council can_ issue and sell bonds heretofore authorized for th·!! purpose of providing the :funds ~o complete the· construction and . . acquisition or said :racilities required for the public peace,·health and satety and 1Jnm.ediatel1 n•eded to provide for such increased population, which cannot now be sold because or possible defects which may be alleged in ~~e organization or boundaries of some assessment districts or in the proceedings leading up to the issuance and sale of such bonds, which alleged defects wi 11 be cured by this. o~·dinarice. Section 13. Severabil.ity: . If' any ~ection, subsection, sentence, clause, phrase or word o:f' this ordinance 1·a held to be unconstutitional . ( or 1nval111~ such decision shall' not af'f'ect tbe:ret6&1n1ng portions ·ot this ordinance. The Council hereby declares-,tl~at it would have adoplied and passed this ord~ce and each part, chapter, article~ division, section, 11111b111Action! sentence~ clause~ phJ'&se! and word hereof'! irrespective of'-the tact that any one 'or more of other parts, chapters, articles, divisions, 6 : . . . \ • • ') eect-1one,-aubaection1J~ eeni;ences, clauses, pbrfl_s"B or words hereof be declared invalid or unconstitutional. * * * * * * The above and foregoing Ordinance was duly and regularly introduced and passed as an emergency measure at a regular meeting ot the Council of the City of Palo Alto on by the following vote: Monday , the 18th day of .... August , 1969, AYES: Beahrs, Berwald, Clark, Co~stock, Dias, Gallagher,· Norton, Pearson, Spaeth, W hcatley NOES: None ABSENT: Arnold APPROVED AS TO . FORM: city Attorney / APPROVED AS TO FORM: ./ 7 f;R•,EST A WILSON ~ENNETti' .JO-.,ES ·.iA..,ES t "CIHON JOHN E. 'Y'<Cf1 ~HIU~ D. "5SAF FEGGY L. M"EL.Ll-GOTT 'WILSON, t.lONES, MORTON & LY.NCH ATTORNEYS ANO COUNSELLORS AT LAW JQ!-1;-,1 H_ HOLTC~ !•92l·l'3'66; !'-~ORMAN W '-.A.JANA~JGH TH.J~.;\S ·c ~OROSE~ P-;BE.RT .J .. Hl!..L. ~-tOBERT A. PRIOR L.e.'NRE'NC+. C .JENS£N. R-OB~Rl M. ~A~G""li RCiSERT G. A:.JiNB!l'E'I' R~C!-oAno·H. HARGROY[. ANDREW C. H.At.l. • .JA. R'iC~ARD F'_ R~!f..!Ot..10 JE~El.i!IJ..H -J. LYNCH ~4'.YEA A OA-..C~f:l.. Gf.R.AL D A L.AS'!~R 7-11('1-;,J.:(L :'?. N.5;Vl F~ANK PIOf.-160 RAYMOND M. HAIGHT JOHN: G. CLARK Honorable City Council City of Palo Alto Palo Alto, California Members of the Council; 1530 NORTH SAN MA•EO DRIVE F. o. aox I"\<', SAN MATEO, CALlf"OKMA 94401 rAt1~i ~42'-35Z.J August 12, 1969 Re: Validation Ordinance . _(· .• o.~lfS. N. P.i'"1f'.f\~·Dl · ·e?-A-1-t.\.i. ,.i::,~.F!R10E &. Gc..:~OON (-'OS{PH 6 C.fJPOONJ 1 9il·t929 t.1p,i.FJf:l DE .,s. Wit.SON ;g.z9-19.i11 CH" CC~'~i;[L ti.r:-tnuR J ~:-.klFH .. O .,..·.t.~($ V. 'lt.4LLAC( Capital Improvement Projects t .. It has been the establishe<l practice in the City for the Council to consider and adopt a vaiidating ordinance at least once a ye~r during periods of active project approval. The purpose of such an ordinance is to lay at rest the possibility of any technical defects which might form the basis for an attack on the valldity of the numerous proceedings which have been condu.cted by the Council during the year; Similar action·is taken on a routine basis by the State Legislature every year, one such act being already effective and .two others awaiting the Governor's signature at the current session. The last such ordinance was adopted in 1968, and now is the appropriate time for the adoption of' the 1969 ordinance, the form of' which. is enclosed. The ordinance should be schedul,ed.for adoption as soon as possible and the approving action should be by the affirmative vote of not less than eight Council members. Advise any questions~ KIJ:riih enc. for Very truly yours, RTON & LYNCH