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Home My WebLink AboutRESO 6385RESOLUTION NO. 6385 A RESOLUTION OF TBB COUNCIL OF~T~H~E-C~I~T~Y OP PALO ALTO DETERMINING CONVENIENCE AND NECESSITY, ADOPTING ENGIM££R'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING TBB WORK AND ACQUISITIONS, DIRECTING RECORDING ARD FILING OF ASSESSMENT, ASSESSMENT DIAGRAM .~ND NOTICB OF ASSESSMENT, APPOINTING COLLECTION OFFICER, AND PROVIDING FOR NOTICE TO PAY ASSESSMENTS PARX BOULEVARD UNDERGROUND UTILITIES ASSBSSMBNT DISTRICT NO. 28 The Council of the City of Pc.lo Alto, County of Santa Clara, California, does RESOLVE as follows: SECTION 1. That on March 4, 1985, this Council No. 6357, A Resolution of Intention to Make Improveaents, and therein dir&cted the City Engineer report in writing in accordance with and pursuant to Intention1 adopted Resolution Acquisitions and to aake •nd file a said Resolution of SBCTI<m 2.. That said report was duly aade and filed, and duly considered by thi• Council and found to be auff icient in every particu- lar, whereupon it was determined that said report should stand as the Engineer•• aeport for all subsequent proceedings under and pursuant to the aforesaid resolution, and May 20, 1985, at the hour of 7130 o'clock P•••, in the regular •••ting place of tbis Council, Palo Alto Civic Center, 250 Baailton Avenue, Palo Alto, California wer.-e appoin~ed aa the tiJle and place for bearing protests in relation to said propoae<l acquisitions and iaproveaenta, notices of which hearing were duly and regularly posted, mailed and publishedt and SBCTIOH l. That said hearing was duly and regularly held, and all perao.na interested desiring to be heard were given an opportunity to be beard, and all aatters and things pertaining to said acquisitions and l11pro,,...nta were fully beard and considered by this Council, and all prote•t•• botb written and oral, ~•r• duly heard, considered and over- ruled, and this Council thereby acquired juri•diction to order said ac- quiaitiona and iaprov ... nta and the confinu.t.ion of said diagraa and aaaesaaent to pay the costs and expenses thereof J SBCTIOR 4. That the owners of one-half of the area to be assessed for th• coat ol the proj.c:t did not, at or prior to the ti .. fixed for •aid hearing, file written prote•ts against the said proposed acquisj-. tlons and iaproveaent.a or the grades at walch said work is proposed to be done, aa a vbole or •• to aoy part thereof, or against the said dis- trict or the e~tent thereof to be assessed for the costs and expenses of aaid acquiaitiona and !11prov4llHAta, as a whole or as to any part thereof, or against th• aspe aad d .. crip~ions, in whole or lo part, or again•t the diagr~• or the •••••saeat to pay for the costs and expenses thereof, tn whole or in part. . SECl'ION s. That the public interest, convenience a~1d necessity require that said acquisitions and improve•ents be made, and Section 2800 and following of the Streets and Highways Code shall not apply. 'SECTION 6. That the district benefited by said acquisitions and improvements and to be assessed to pay the costs and expenses thereof, 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 7. That said Engineer's Report as a whole and each part thereof, to wits (a) the plans and specifications for the proposed improve- mentsr (b) the aaps and descriptions of the lands and easeaents to be acquired, if any; (c) the engineer's estiaate of the iteaized and total costs and expenses of said acquisitions and iaproveaents, and of the in- cidental expenses in conneetion therewithJ (d) the diagram showing the assessment district and the boundaries and dimensions of the respective subdivisions of land within said district1 and ( e) the asse11siaent of the total amount of t.be coats 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 iaproveaents, and of the ex- peru1es incidental thereto1 are f lnally approved and confirmed. SBCTION e. Tb.at final adoption and approval of the Engineer's Report as a whole, and of the plan• and specifications, aaps and de- scriptions of the lands and easeaents to be acquired, estimate of the coats and expenses, the diagram and the aasessaent, as contained in said report, as herein~bove deterained and ordered, is intended to and. shall refer and apply to said report, or any portion thereof, as amend- ed, aodified, revised or corrected by, or pursuant to and in accordance with, any resolution or order, if any, heretofore duly adopted or made by this Council. SBCTION 9. Tbat said acquisition• and iaproveaenta be made, and that said asseasaent to pay the costs and expenses thereof ia hereby levied. ror further particulars pursuant to the provia1..ons of said Municipal Improvement Act of 1913, reference is hereby 11ade to said Resolution of Intention. SECTION 10. That based on the oral and documentary evidence, in- cluding said Engineer's Report, offered and received at said protest 2. ------·----------------------- hearing, this Council expressly finds and determines (a) that each of said several subdivisions of land will be specially benefited by said acquisitions and improvements at least in the amount, if not more than the amount, of the assessment apportioned against said subdivisions of land, respectively, and (b) that there ie substantial evidence to sup- port, and the weight of said evidence preponderates in favor of, the ~foresaid finding and determination as to special benefits. SECTION 11. That said Clerk shall forthwithi (a) deliver said assess11.ent to the Superintendent of Streets, together with ;aid diagram, as approved and confirmed by this Council, with a ~ertificate of such confirmation and of the date thereof, executed by said Clerk, attached theretor and Said Superintendent of Streets shall record said assessment and diagram in his office 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. PrOlR t~e 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 assessaents 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 froa the date of said recordation, or in the event loans from the City's Electric Systea ImproveJBent Reserve are made to represent said assessments, then such liens shall continue until the expiration of four (4) years after the due date of tbe last installaent upon said loans or of the laat 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 person to whoa payaent of said assessments shall be aade, and that the off ice of said Collection Officer, at City Ball, 250 Hamilton Avenue, Palo Alto, California, 9.f301, is -designated as the place at which said payments will be aade, and the superintendent of Streets is hereby relieved of all responsibility in connection with collecting as- sea .. ents. Said Collection Officer, in the event of default, upon said recording of the assessaent and diagraa, shall cause Notice to Pay As- aessaent• to be aailed and published. said notice shall state that the a••-am•nta naa been recorded as provided in Section 10402 of -the Streets and Highways Code, and the date thereof, thAt all sums assessed therein are du• and payable iaaediately and payt1tent thereof i• to be aade to the Collection Officer at aaid office within 30 dars after.said date of recording the assessaent1 and, in addition, said notice to be mailed sball contain a designation by street nuaber of other aaount of the asaeasaent thereon. Said a3iled notice shall be mailed to each owner of real property with.in the •••••nent district at his last known addre•• as the aaae appears on the tax rolls of th• County of Santa Clara, or on file in 3. • the office of or ae known t.~ P5id Clerk, or to both addrassea if said addr••• is not the same, or to the general delivery when no address so appearsr and said published notice shall be published once a week for two euccessive weeks (with at least five days intervening between the respective publication dates, not counting such dates) in a newspaper of general circulation published and circulated in the City of Palo Alto. INTRODUCED AND PASSEDt May 20. 1985 AYES& Bechtel. Cobb1 Fletcher, Klein, levy, Renzei, Sutorius, Witherspoon, Woolley NOES: None ABSTBNTIONS1 None ABSENTS None Attorney '·