HomeMy WebLinkAboutRESO 6168~:SRC:cp 08/05/83 OJ98S
RESOLUTION NO. 6168
A RESOLUTION OF THE C!TY COUNCIL OF THE CITY OF PALO ALTO
DETERMINING CONVENIENCE AND NECESSITY.
ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT
AND ORDERING THE HORK AND ACQUISITIONS, DIRECTING
RECORDING AND FILING OF ASSESSMEHT, ASSESSMENT
DIAGRAM AND NOTICE OF ASSESSMENT, APPOINTING
COLLECTION OFFICER, ANO PROVIDING FOR NOTICE
TO PAY ASSESSM~NTS
ORME STREET UNDERGROUND UTILITIES
ASSESSMENT DISTRICT NO. 25
The City Counc11 of the Ctty of Palo l.lto, County of Santa Clara,
Ca11forn1a, does RESOLVE that
SECTION 1. That on May 16, 1983, this Counctl adopted Re5olution No.
6118, A Resolution of Intention to Make Acqu1sittons and Improvements, and
therein d1rected the Ctty Engineer to make eind file a report 1n wr1t1ng fn
accordance with and pursuant to sa1d Rasolution of Intention;
SECTION 2. That said report was duly made and f1led, and duly
cons 1 de red by th ts Counc 11 a.nd found to be suff1c1 ent 1 n every part1 cu lar.
whereupon it was deten11ned that said report should stand as the Eng1neer;s
Report for all subsequent proceedings under and pursuant to the aforesaid
resolut1on, and August 15, 1983, at the hour of 7:30 o'clock p.m., 1n the
regular meeting place of thh Council, Palo Alto C1v1c Center, 250 Hamilton
Avenue, Palo Alto. cal1forn1a were appointed as the t1me ond place for heartng
protests 1n relation to sa1d proposed acqu1sHfons and 1mprovements. nottces
of which hearfng were duly and regularly posted. mailed and published; and
SECTION 3. That said hearing was duly and regularly held, and all
person~ interested destrtng to be heard were given an opportunity to be heard,
and ali matters and th1ngs pertaining to said acqu1stt1ons and 111provements
were fully heard and considered by thts Counctl, and all protests, both
wr1tten and oral. were duly heard, considered and overruled, and this Council
thereby acquired jurtsd,ctton to order said acquis1t10f'ls and 1mprove~nts and
the conf1rmat1on of satd diagram and assess111ent to pay the costs and expenses
thereof;
SECTION 4. That the owners of one-half of the area to be assessed for
the cost of the project d1d not, at or prior to the time ft xe(1 for satd
heartng. f,le written protests against the satd proposed acqu1s1ttons and
improvements or the grades at whtch sa'd work 1s proposed to be done, as a
whole or as to any part thereof. or agatnst the said dtstrict or the extent
thereof to be assessed for the costs and expenses of sa,d acqu1sH1ons and
tmprovements, as a whole or as to any part thereof. or agatnst the engineer's
est1mate of costs and expenses, in whole or tn part, or against the maps and
descrtpttons. 1n whole or tn part, or agatnst the diagram or the assessment to
pay for the costs and expenses thereof, 1n whole or 1n part.
SECTION 5. That the pub11c fnterest, convenience and necesstty requ1re
that sa1d acqu1s1t1ons and improvements be made, and Section 2800 and
following of the Streets and Highways Code shall not apply.
SECTION 6. That the district beneftted by said acqu1s1ttons and
improvements and to be ass~ssed to pay the costs and expenses thereof, and the
extertor boundaries thereof, are as shown by a map thereof ff led ~n the office
of the C1ty Clerk, which map 1s made a part hereof by reference thereto.
SECTION 7. That satd Engineer's Report as a whole and each part
thereof. to w1t:
<a> the plans ~nd speciftcattons for the proposed tmprovements;
Cb> the 111aps and desert pt1ons of the 1 ands and easements to be
acqu1red, 1f any;
<c> the engtneer 1s estimate of the itemized and total costs ~nd
expenses of said acqu1stt1ons and 1raprovements, and of the tnctdentai
expenses 1n connectfon therew1th;
(d) the diagra• show1ng the assessment district ind the boundar,es
and d1mens1ons of the respective subd1v1stons of ~and with1n safd
dtstrtct; and
Ce> the assessment of the total amount of the costs and expenses
of the proposed acqu1s 1 t1ons and t mprovements upon the sever a 1
subdivts1ons of land 1n sa1d d1str1ct 1n proportion to the estimated
benefits to be received by said subdh1stons, respectively. frOll safd
acquistt1ons and improvements, and of the expenses 1nc1denta1 thereto;
are finally approved and conf1rmed.
SECTION a. That final adoption and approval of the Eng1neer 1 s Report as
a whole, and of the plans and spec,flcat,ons. maps and descriptions of the
1 ands and easements to be acqu t red. es t1 mate of the cos ts and expenses. the
d1agram and the assess11ent, as conta,ned in said report. as heretnabove
determtned and ordered, h 1ntended to and shall refer and apply to satd
report. or any portion thereof, as amended, mod1f1ed, revised or corrected by.
or pursuant to and fn accordance with, any resolution or order. ff any,
heretofore duly adopted or made by this i:c>unc11.
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SECTIOLl. That sa1d acqu1s1t1ons and improvements be. made, and that
sa1d assessme11t i...J pay i:ne costs and expenses thereof ts hereby 1ev1ed. For
further particulars pursuant to the provts1ons of said Municipal Improvement
Act of 1913. reference ts hereby made to said Resolution of !ntent1on.
SECTION 10. That based on the oral and documentary evidence, including
said Engineer's Report. offered and received at said protest hear1ng. this
Council expressly ftnds and determ1nes <a) that each of satd several
subdtvtstons of land will be spec1al 1y benef!ted by sa1d acqu1s1t1ons and
i mpr('vemen ts at 1 east 1n the amount. if not more than the amount, of the
assessment apportioned against sa1d subdivtsions of land. respectively, and
Cb> that there 1s substantial evtdence to support, and the wetght of said
evidence preponderates 1n favor of. the aforesaid f1nd1ng and determtnatton as
to spec\al benef\ts.
SECTIOK il. That sa1d Clerk shall forthwtth:
<a> del1ver satd assessment to the Superintendent of Streets,
together w1th said diagram. as approved and confirmed by thh Counctl.
with a certificate of such conf1rmat1on and of the date thereof.
executed by sa1d Clerk, attached thereto; and
<b> cause a copy of sa1d assessment diagram and a notf ce of
assessment. executed by satd Clerk, to be f1 Jed and recorded,
respecU ve 1 y, 1 n the off 1 ce of the County Recorder of the County of
Santa Clara. such nottca to be in substantia.1 ly the form provtded ,n
Sectton 3114 of the Streets and Highways Code.
Said Superintendent of Str;ets shall record sa1d a~~essment and d1agram
1 n hh of ft ce 1 n a su 1tab 1 e book to be kept for that purpose, and append
thereto hts cert1f1cate of the date of such re~ord1ng, and such recordat1on shall be and constitute the assessment roll heretn.
FrOll the date of recordi:'lg of said nottce of assessment. al 1 persons
shall be deemed to have l\Ottce of the contents of such assessment, and each of
such assessments shall thereupon be a 11en upon the property aga\nst wh\ch 1t
~s made, and unless sooner discharged such ltens shall so cont1nue for the
period of four C4> years frORI the date of satd recordation. or tn the event
bonds are 1ssued to represent satd assess.ants, then such liens shall continue
until the expiration of four <4> years a.fter the due date of the last
installment upoo satd bonds or of the last tnstall•nt of pr1nctpal of sa1d
bonds.
The appropriate off1cer or offtcers are hereby authorized to pay any and
all fees requ1red by law tn connectton with the above.
SECTION 12. That the Supervisor. Revenue Collections of the
C1ty of Palo Alto 1s appointed Collection Officer for sa\d assessments and the
person to whan p&Ylftlnt of sa1d assess111nts shall be made. and that the offtce
of sa1d Co11ect1on Off1cer. at C1ty Hall, 250 Hutlton Avenue. Palo Alto.
California 94301. 1s designated as the place at whtch sa.1d payaents w111 be
111ade, and the Superintendent of Streets ts hereby re11eved of al 1
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respons,btltty 1n connection w1th collecting assessments. S~1d Collection
Off1cer. upon satd recordtng of the assessment and d1agra.m, shall cause Not1ce
to Pay Assess11tents to be mailed and pub11shed. Sa1d not1ce sha11 state that
the assessment has been recorded as provided tn Section 10402 of the Streets
and H,gh..,ays Code, and the date thereof, that all sums assessed there1n are
due and payable tnned1ately and payment thereof 1s to be made to the
Collection Officer at sa1d office w1th1n 30 days after satd date of record1ng
the assessment, and the effect of failure to pay w1thfn such time, tncludtng
the fact tha.t bon.<h w\11 be tssued purs1Jant to the Bond Plan B of Palo Alto
Mun1c1pa~ Code to represent and upon the securtty of satd assessments \Jh1ch
are not patd w1th1n said 30-da.y period; and, tn add1t1on, said notice to be
ma\led shall contain a designation by street number or other description of
the property assessed sufflc1ent to \denttfy same and the amount of the
assessment thereon.
Said mafled nottce shall be matled to each owner of real property w1thfn
the assessment dhtrtct a.t his last known address as the same appears on the
tax rolls of the County of Santa. Clara, or on fne tn the off1 ce of or as
known to satd Clerk, or to both addresses 1f sa1d address 1s not the same, or
to the general deltvery when no address so appears; and sa1d publtshed notice
shall be pubHshed once a week for tvo success1ve week.s <with at lea.st f1v-
days •nterventng between the respective pub11cat1on dates, not counting such dates> in the Pentnsula T1mes Tr\bune, a newspaper publ\shed and c1rcula.ted \n
the C1ty of Palo Alto. -
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The forego1ng Resolution was duly and regularly adopted a.t a regular
meeting of the Council of the City of Pa.lo Alto held on the 15th day of
August, 1983. by the follow1ng vote:
AYES: Bechtel, Cobb~ Eyerly, Fazzino, Fletcher, Klein, levy, Renzel
NOES: Hone
ABSTENTIONS: r:o ne
ABSENt: Wi ther~poon
APPROVED:
M~~
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APPROVED AS TO FORM:
BY: JONES HALL HILL & HHITE.
A Profess1ona1 law Corporat1on
orrectOr of ut11ffi
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