HomeMy WebLinkAboutRESO 6289~a• /I• \ .... ORl~lf'JAL
JHHM:SRC:cp 07/05/84 1013S
RESOLUTION NO. _!1§.9
A RESOLUTION ADOPTING ENGINEER'S REPORT
AND ORDERING THE WORK AND ACQUISITIONS
UNIVERSITY AVENUE LOT J PARKING
GARAGE ASSESSMENT DISTRICT
The COunc11 of the Ctty of Palo Alto does RESOLVE as follows:
Sectton 1. On May 21, 1984, th1s Counci 1 adopted fts Resolution of
Prel fm1nary Determ1nat1on and of Intent1on No. 6257 C'Resolut1on of
Intentton"> to acqu1re and construct pubHc improvements tn :)'\td City, and
referred the proposed acqutsltions and improvements to t~e Ass1stant Director
of Public Norks of thts City, be1ng the officer having charge and control of
the acqJ1s f tf on and construct1 on of t mprovements 1 n and for said City of the
k.tnd described 1n satd Resolution of Intention and being a. competent person
employed ~Y said City for that purpose.
Sectton 2. Satd Counc11 thereby directed utd Assf stant Dfrector of
Pub 11 c Works <the "Engi neer 11 > to make and f11 e with the City Cl erk a report 1 n
wr1 ting 1 n accordance wt th and pursuant to the Improvement Procedure Code of
the Palo Alto Muntctpal Code Cthe "Engineer's Report">.
Section 3. Sa1d report was duly made and filed with th~ C1ty Clerk..
whereupon said Clerk presented tt to th1s Counctl for consideratfon.
Sectll')ll 4. This Council thereupon duly considered safd report and each
and every part thereof and founJ that 1t contained all the matters and things
called for by the provistons of said Code, 1ncludtng O> maps and descrtpttons
of lands and easements to be acquh'ed, <2> plans and specif1cations of the
proposed t11provements. and <3> estimate of costs, all of whtch •as done tn the
form and man"er required by sa1d Code.
Section 5. Safd Counctl found that satd report and each and every part
thereof was suff!c1ent tn every particular and determined that 1t should stand
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as the r-eoort for a 11 subsequent proceed, ngs ur:o:1er sa 1 d Code. whereupon sat d
c~Jnctl. pursuant to the requtrements of satd Code, appointed Monday, the 23rd
day of July, 1984, at the hour of 7:30 0 1 clock p.m. of sa,d day, tn the
Counctl Chambers. Ctvtc Center, Palo Alto, Ca11fornta, as the ttme and place
for heartng protests tn relatton to satd proposed acqutstttons and
tmprovernents, and dtrecttng the Ctty Clerk to give nottce of satd hearing as
requtred by satd Code.
Sectton 6. It appears that nottces of said hearing were duly and
regu 1ar1 y posted, ma 11 ed and pub 11s hed in the t l me. form and manner requ I red
by satd Code, as ev1denced by the cert1f1cates on file with satd Clerk,
whereupon satd heartng was duly and regularly held at th~ t1me and place
stated tn satd nottce.
Section_l. ?ersons Interested. objecting to satd acquis:tions and
improvements. or to the extent of the assessment dtstrtct, or to the grades at
whtch satd work. wi 11 be done. or to the Engineer's estimate of the cost and
eMpenses thereof, or to the ~ssuance of bonds. ff led written protests with the
C1ty Clerk at or before the t1me set for hear1ng, and all persons 1nterested
desiring to be heard were given an opportunity to be heard. and a 11 matters
and things pertaining to said acquis1tions and 1mprovements were fully heard
and considered by said Council.
Sect1on 8. The owners of one-half of the area to be assessed to pay the
pr1nctpa1 and t:iterest of satd bonds did not, at or pr1or to the ttme fhed
for satd hearing, ff le wr1tten protests against the proposed acquts1t1ons and
improvements as a whole, or against the extent of said d1strtct to be
assessed, or as to thi?. Engineer's estimate of sa1d costs and expenses. or
agatnst the 1ssuance of bonds to pay the costs and expense~ thereof.
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Section 9. The d1str1ct benefited by said acqu1s1t1ons and improvements
and to be assessed to pay the principal and interest on said bonds, and the
exterior boundaries thereof are more particularly described In said Resolution
of Intention and made a part hereof by reference thereto. That all publtc
streets. highways, lanes and alleys sh~ll be om1tted from the annual benefit
hereafter to ue made to pay pr1nc,pa1 and \nterest on bonds.
Section 10. That the plans and spec1ftcat1ons for the proposed
improvements. contained 1n said report. be, and they are hereby finally
adopted and approved as the plans and spec1f1cat1ons to which said worlc. shall
be done as called for 1n said Resolution of Intention.
Section 11. That the Engineer 1 s e!itimate of the 1tem1 zed and tota 1
costs and expenses of said acqulsltlons and improvements, and of the
incidental expenses 1n connection therewtth, contained 1n said report, be, and
It is her~by finally adopted and approved as the Engineer's total and detailed
estimate of the costs and expenses of said acqu1slt1oris and improvements.
Section 12. That the pub11c Interest ~nd convenience requtre, and satd
Council does hereby order the acquis i t1ons and improvements to be made as
described ln ad In accordance with sa1d Resolution of Intention on filr: in
the office of the Ctty Cl erk., reference to wh1 ch 1 s hereby made for a more
particular des er I pt ton of sa1 d acqui s 1tions and improvements. and a 1 so for
further particulars pursuant to the provisions of said Code. Reference ts
.ade to ti1e proceed1 ngs taken pursuant to 01 vis ton 4 of the Streets and
Highways Code on file 1n the cfflce of the City Clet·k.
Section 13. That +:he map::i and descriptions of the lancis and easements
to be acqut red. as conta \ ned 1 n sa 1 d report, be, and the same are hereby
ftnally approved and confirmed.
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Section 14. Sa1d Engtneer's report be, and the same ts hereby finally
adopted and approved as a whole.
Section 15. F1na1 adoption and approval of the Engineer's Report as a
whole. and of the plans and specif1cattons. estimate of the costs and
expenses, and maps and descriptions of the lands and easements to be acquired,
as contained in said report. as hereinabove determined and ordered, ts
intended to and shall refer and apply to sa1d report, or any portion thereof,
as amended, modified, revised or corrected by, or pursuant to and in
accordance wUh any resolution or order, if any, heretofore duly adopted or
made by th1s Counctl.
Section 16. Bonds shall be ttereafter issued under Bond Plan G, Section
13.16.150 of Chapter 13.16 of Title 13 of said Code. jurisdiction to issue
which ts hereby reserved.
Section 17. Sa1d City Clerk shall forthwith:
<a> deliver said Engineer 1 s Report containing a description cf the
method of apporttonment of said assessments as approved and confirmed by
this Council to the Super1ntendent of Streets of the City of Palo Alto.
with a cert1f1cate of such confirmation and of the date thereof,
executed by said Clerk, attached thereto; and
(b) cause a copy of a notice of assessment. executed by sa1d
Clerk. to be f11ed tn the office of the co~nty Recorder cf the County of
Santa Clara, such notice to be tn substanthlly the form prov1ded 1n
Sect1on 3114 of the Streets and Highways Code.
Sat d Surier 1 ntendent of Streets sha 11 record sa 1 d Engineer's Report in
his office tn a suitable book to be kept for that purpose. and append thereto
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h'5 certificate of the date of such recording, and such recordat1on shall be
and constitute the assessment roll herein.
From the date of recording of said nottce of assessment. al 1 persons
shall be deemed to have noticP of the contents of such assessment, and each of
such assessments shall thereupon be a lien upon the property against which it
1 s made. and unless sooner discharged such l lens shall so continue for the
pertod of four C4> years from the date of said recordatton. or 1n the event
!>onds are issued to represent said assessments. then such liens shall continue
until the expiration of four (4} years after the due date of the last
installment upon said bonds or of the last installment of pr1nc~paJ of said
bonds.
The appropriate off1cer or officers are heieby authorized to pay any and
all fees required by law in conne~t1on with the above.
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The foregoing Resolution was duly and regularly adopted at a regular
meet 1 ng of the Counc n of the CHy of Pa 1 o A 1 to held on the -2..3..I:_d day
of July , 1984. by the fol 1ow1ng vote:
AYES: Bechtel, Cobb, Fletcher, K~ein, Levy, Renzel, Sutorius,
Witherspoon, Woolley
NOES: None
ABSTENTIONS: None
ABSENT: None
ATTEST: APP!?OVEO:
M~/$·
APf ROVED A
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JONES HALL HILL & WHITE.
A Profess,onal Law Corporation
By:~~ steJ)heR. sa19910
Vice President,
Bond Counsel
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