Loading...
HomeMy WebLinkAboutRESO 6381r ORIGINAL RESOLUTION NO. ~381 A RESOLUTION OF THE COUNCIL OF T~E CITY OF PALO ALTO DETERMINING CONVENIENCE AND NECESSITY, ADOPTING ENGINEER'S REPORT, CONFIRMING THE AHSESSME;NT AND ORDERING THE WORK AND ACQUISITIONS, DIRECTING RECORDING AND FILING OF ASSESSMENT, ASSESSMENT DIAGRAM AND NOTICE OF ASSESSMENT, APPOINTING COLLECTION OFFICER, AND PROVIDING FOR NOTICE TO PAY ASSESSMENTS CAMBRIDGE AVENUE UNDERGROUND UTILITIES ASSESSMENT OISTRICT NO. 27 The Council of the City of Palo Alto, County of Santa Clara, California, does RESOLVE as follows: SECTION 1. That on February 11, 1985, this Council adopted Reso- lution No. 6348, A Resolution of Intention to Hake Acquisitions and Improvements, and therein directed the City Engineer to make and file a report in writing in accor~~nce with and pursuant to said Resolution of Intentionr SECTION 2. That said t"eport was duly made and filed, and duly considered by this ~ouncil ano found to be sufficient in every particu- lar, whereupon it was determined that said report should stand as the Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid resolution, and May 6, 1985, at the hour of 7:30 o'clock p.m., in the regular meeting place of this Coun~il, Palo Alto Civic Center, 250 Hanti lton Avenue, Palo Alto, California were appointed as the time and place for hearing protests in relation to said proposed acquisitions and improvements, notices of which hearing we~e duly and regularly posted, mailed and published; and SECTION 3. That said hearing was duly and regularly held, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters and th~ngs pertaining to said acquisitions and improvements were fully t1eard and considered by this Council, and all protests, both written and oral, were duly heard, considered and over- ruled, and this Council thereby acquired jurisdiction to order said ac- quisitions and improvements and th.:> confirmation of said diagram and assessment to pay the costs and expenses thereof; SECTION 4. That the owners of one-half of the a~~~ to be assessed for the cost of the pl:'.'oj1:?ct di.d 11.ot, at or prior ~o the time fixed for said hearing, file written protests against the said proposed acquisi- tions and improvements or the grades at which said work is proposed to be done, as a whole or as to any part thereof, or against the said dis- trict or the extent thereof to be assessed for the costs and expenses of said acquisitions and improvements, as a whole or as to any part thereof, ot 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 in part. .. • SECTION 5. That the public interest, convenience and necess .i ty require that said acquisitions and improvements be made, and Sect ion 2800 and following of the Streets and Highways Code shall not apply. SECTION 6. Thac the district benefited by said acquisitions and irnp~ovements and to be assessed to pay the costs and expenses thereof, and the e::terior boundaries thereof, are as shown by a map thereof filed in the off ice of the City Clerk, which map is made a pa~t hereof by reference thereto. SECTION 7. That said Engineer•s Report as a whole and each part thereof, to wit: (a} the plans and specifications for the proposed impr-ove- 1nents: (b) the maps and descriptions of the lands and easements to be acquired, if any: (c) the engineer's estimate of the itemi?.ed and total costs and expenses of said acquisitions and improvements, and of the in- cidental expenses in connection therewith~ (d) the diagram showing the assessment district and the boundaries and dimensions of the respective subdivisions of land within said district~ and (e} the assessment of the total amount of the costs and ex- penses of the proposed acquisitions and improvements upon the sev- eral subdivisions of land in said district in proportion to the estimated benefits to be received by said subdivisions, respec- tively, from said acquisitions and impr-ovements, and of the ex- penses incidental thereto: are finally approved and conf inned. SECTION 8. That final adoption and approval of the Engineer-'s Report as a whole, and of the plans and specifications, maps and de- scriptions of the lands and easements to be acquired, estimate of the costs and expenses, the diagram and the assessment, as contained in said report, as hereinabove determined and ordered, is intended to and shall refer and apply to said report, or any portion thereof, as amend- ed, modified, revised or corrected by, or pursuant to and in accordance wit~, any resolution or order, if any, heretofore duly adopted or reade by th is Counc i 1. SECTION 9. That said acquisitions and improv~~ :nts be made, and that said assessment to pay the coots and expenses theceof is hereby levied. Fi..">r further particulars pursuant to the provisions of said Municipal Improvement Act of 1913, reference is hereby made to said Resolution of intention. r .. SECTION 10. That based on the oral and documentary evidence, in- cluding said Enyineer's Report, offet"'ed and received at said prote~t heariny, this Council expressly finds and determines (a) that each of said several subdivisio1 s of land will be specially benefited by said acquisition:; '1 nd i'.np rov• • .ients at least t n the dmoa nt, if not more than the amount, of the assessment apportioned against said subdivisions of land, respectively, and (b) that there is substantial evl~~nca to ~up­ port, and the weiyht of saLJ evldence preponderates in favor of, the aforesaid finding and determination as to special benefits. SECTION 11. That said Clerk shall forthwith: (a) deliver said assessment to the Superintendent of Streets, together with said diagram, as approved and conf icmed by this Council, with a certificate of such confirmation and of the date thereof, executed by said Clerk, attached thereto1 and Said Superintendent of Street shall record said assessment and diagram in his off ice in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording, and such recordation shall be and constitute the assessment roll herein. Fro~ the date of recording of said notice of assessment, all per- sons shall be deemed to have notice of the contents of such assessment, and each of such assessments shall thereupon be a lien upon the proper- ty against which it is made, and unless sooner discharged such liens shall so continue for the period of four ( 4) years from the date of said recordation, or in the event loans from the City's Electric System Improvement Reserve are made 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 loans or of the last in- stallment of principal of said loans. The appropriate officer or officers are hereby authorized to pay any and all fees required by law in connection with the above. SECTION 12 ~ That the Supervisor of Revenue Collections of the City of Palo Alto is appointed Collection Officer for said assessments and the per.son to whom payment of said assessments shall be made, and that the off ice of said Collection Officer, at City Hall, 250 Hamilton Avenue, Palo Alto, California, 94301, is designated as the place at which said payments will be made, and the Superintendent of Streets is nereby relieved of all responsibility in connection ~ith coll~cting as- sessments. Said Collection Officer, in the event of default, upon said recordiny of the assessment and diagram, shall cause Notice to Pay As- sessments to be mailed and published. Said notice shall state that the assessments has been recorded as provided in section 10402 of the Streets and Highways Code, and the date thereof, that all sums assessed therein are due and payable immediately and payment thereof is to be made to the Collection Officer at said office within 30 days after said • I ' • .. date of recording the assessment; and, in addition, said notice to be mailed shall contain a designation by st~eet number of other amount of the assessment thereon. Said mailed notice shall be mailed to each owner of real p~operty within the assessment district aL his last known address as the same appears on the tax rolls of the County of Santa Clara, or on file in the office of or as known to said Clerk, or to both addresses if said address is not the same, or to the general delivery when no address so .1pj_)ears: and said published notice sha 11 be published once a week for two successive weeks (with at least five days intervening between the respective publication dates, not countin.y such dates) in a newspaper of general circulation published and circulated in the City of Palo Alto. INTRODUCED AND PASSED: May 6, 1985 AYES: NOES: Bechtel, Fletcher, Klein, Levy, Renze!, Sutorius, Witherspoon, Woolley None ABSTENTIONS: Cobb ABS ENT: None City Attorney