HomeMy WebLinkAboutRESO 6777( ... .... ~, ...... .,
ORIGINAL
RESOLUTION No. 6 77 7
A RESOLUTION ADOPTING ENGINEER'S REPORT, CONFIRMING THE
ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS, AND
DIRECTING ACTIONS WITH RESPECT THERETO
CITY OF PALO AL TO
University Avenue Perking District
250 Univ!rslty Avenue Parking ProJect Assessment District
lhe City Council (the •eouncil") of the City of Palo Alto (the °City"}, State of
C811fomla, does RESOLVE as follows:
Section 1. Oo April 10, 1989, the CouncU adopted Resolution No. 6768, A
Resolution of Preliminary Determination and of Intention to Make Acquisitions and
tmptovements (the 'Resolution of Intention") to acquire and construct public
Improvements in the City, and referred the proposed acquisitions and improvements to
the Assistant Director of Public Works of the City, being the officer having charge and
control of the acquisition and construction of Improvements in and for the City of the
kind desaibed In the Resolution of Intention and being a competent person emptoyed by
the City for that purpose.
Section 2. The CouncR thereby directed the Assistant Director of Public Works
(the 11Englner} to make and me with the City Clerk a report in writing (the 'Engineer's
Report; in accordance with and pursuant to the Improvement Procedure Code of the
Palo Alto Munlclpal Code (the 11Codei.
Section 3. The Engineer's Report was duty made and filed with the City Clerk.
whereupon the City Clerk presented it to the Council for consldaatlon.
Secllon 4. The Council thereupon duly considered the Engineer's Report and
each and ~ part thereof and found that It contained all the matters and things called
for by the provisions of the Code, Including (1) maps and descriptions of lands-and
easements to be acquired, (2) plans and specifications of the proposed improvements,
and (3) estJmate of costs. au of which was done In the form and manner required by the
Code.
Section&.. The Council found that the Engineer's Report and esch and ev&ry
part thereof was sufficient In every particular and detennJned that It should stand as the
report for aB subsequent proceedings under the Code, wheNupon the Council. poowant
to the requirements of the Code, appointed Monday, May 15, 1989. at the hour of 7:30
o'clock p.m .• In the regular meeting place of the Councl, CouncR Chambers. Civic
Center, 250 Hamiton Avenue. Palo Alto, as the time and place fQf hearing protests In
relation to the proposed acquisitions and Improvements, and directing the City Clerk to
give-notice of the hearing aa requifed bV the Code.
Section O. It appears that notices of the hearing were duly and regularly posted,
malled and published In time. form and manner· required by the COde, as rtvfdenced by
the certificates on file with the City Cleric., whereupon the hearing was duty and regularly
held at the time and place stated In the notice.
Section 7. Persons Interested, objecting to the acquisitions and Improvements,
or to the extent of the assessment district, or to the grades at which the work will be
done, or to the Engineer's estimate of the cost and expenses thereof. or to the Issuance
of bonds, flied written protests with the City Clerk at or before the time set for hearing,
and all persons interested desiring to be heard were gl'len an opportunity to be heard,
and all matters and things pertaining to the acqulsltJons and improvements wr.e fully
heard and considered by the Cooner
Section 8. The owners of one-half of the area to be assessed for the cost of the
project did not, at or prior to the time fD<ed for the hearing, file written protests agahst
the the proposed acquisitions and Improvements or the grades at which the work Is
proposed to be done, as a whole or as to any part thereoi, or against the the district or
the extent thereof to be assessed for the costs and expenses of the acquisitions and
improvements, as a whole or as to any part thereof, or against the enginee(s estimate of
costs and expenses. In whole or In part. or against the maps and descriptions, In whole
or In part, or against the diagram or the assessment to pay for the costs and expenses
thereof, In whole or Jn part.
Section 9. The district benefited by the acquisitions and Improvements and to
be assessed to pay the principal. and Interest on the bonds, and the exterior bOundaries
thereof. are as shOwn by a map thereof filed in the office of the City Clerk, which map is
made a part hereof by reference thereto.
Section 10. The plans and specifications tor the proposed Improvements,
contained in the Engineer's Report, be, and they are hereby finally adopted and
approved as the plans and specifications to which the work shaH be done as called for in
the Resolution of Intention.
Secllon 11. The Engineer's estimate of the Itemized and total costs and
expenses of the acquisitions and Improvements, and of the Incidental expenses in
connection therewith, contained in the Engineer's Report, be. and tt Is hereby flnally
adopted and approved as the Engineer's total and detailed estimate of the costs and
expense of the acquisltlons and Improvements.
Secllon 12. The publ1c interest and convenience require, and the Coundl does
hereby order the acquisitions .and Improvements to be made as descrlb9d in and In
accordance with the Resolution of Intention, reference to which 18 hereby made for a
more particular description of the acquisitions and Improvements, and atso for further
particulars pursuant to the provisions of the Code. Reference Is made to the
proceedings taken pursuant to Division 4 of the Streets and Highways Code on file ln the
office of the City Clerk.
-2-
• .
Section 13. The maps and ~ptlons of the lands and easements to be
acquired, as contained in the Engineers· RePott, be, and the same are hereby finally
approved and conflnned.
Section 14. The Engineer's Report. be, and the same is hereby finally adopted
and approved as a whole. · ·
Section 15. Anal adoption and approval of the Engineer's Report as a whole,
and of the plans and specifications, estimate of the costs and expenses, &P.d maps and
descriptions of the lands and easements to be acquired, as contained in the Engineer's
Report. as hereinabove determined and ordered. Is Intended to and shall refer and apply
to the Engineer's Report, or any portiOn thereof, as amended, modified, revised or
corrected by, or pursuant to an In accordance with any resolution or order, If any, duty
adopted or rnade by thts Council.
Section 16. Bonds shall be hereafter Issued under Bond Plan G. Section
13.16.150 of Chapter 13.16 of Title 13 of the Code, jurisdiction to issue which is hereby
reserved.
Sectlolt -17. The City Clerk shaU forthwith:
(A) deliver the Engineer's Report containing a description of the method of
apportiorment of the assessments as approved and confinned by the Council to the
Superintendent of Streets of the City with a certificate of such confinnation and of the
date thereof, executed by the City Clerk, attached thereto; and
(B) cause a copy of a notice of assessment. executed by the City Clerk. to be
filed and recorded, respectively. in the office of the. County Recorder of the County of
Santa Clara, such notice to be In substantially the form provided in Section 3114 of the
Streets and Highway$ Code.
The SUperintendem of Streets shall record the Engineer's Report in hJs office In a
suttabte book to be kept for that purpose, and append thereto hlS certificate of the date
of such recOrdlng, and such recordatlon shal be and constitute the assessment rol
herein.
From the date of recording of the notice of assessment. au persons shall be
deemed to have notice of the contents of such assessment. and each of such
assessments shall thereupon be a nen upon the property against which It Is made. and
unless sooner dl8charged such Hens shal1 so continue for ~ periOd of four (4) years from
the date of the reoordatlon. or tn the event bonds are issued to represent the
assessments. 1.hen 8UCh Hens shall continue untl th& expiration of four (4) years after the
due date of the last ln8taJlment upon the bOnd8 or of th& last tnstaHment of princlpal Of
the bonds.
The appropriate officer or offtcer8 are hereby authorized to pay any and an fees
required by law In connection with the above.
··········*•
• .. . •
THE FOREBOINO RESOLUTION was duly and regularly adopted at a regular meeting of
the Council of the City of Palo Alto held' on the · is day of May , 1989,
by the following vote:
AYES: Bechtel, Cobb, Fletcher, Klein, Levy. Patitucci, Renzel, Sutorius, Woolley . .
NOES: None
ABSTENTIONS: None
ABSENT: None
AlTEST:
APPROVED AS TO FORM:
JONES HALL HILL & WHITE,
A Professional Law Corporation
By·~ . StePtl8ilfiC:tVice President
Bond Counsel
APPROVED:
CfJY OF PALO ALTO