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Home My WebLink AboutRESO 6496JHHW:SRC:hl 02/11/~ 26005-01 52599 RESOLUTION NO. 64% O..p/~ A RESOLUTION ADOPTING ENGrnEER' S REPORT ~-</ j' AND ORDERING THE '1IORK AND ACQUISITIONS ~ CALIFORNIA AVENUE PARKING ASSESSMENT DISTRICT NO. 36-1 The Council of the City of Palo Alto does RESOLVE as follows: Section 1. On January 20, 1986, this Council adopted its Resolution of Prel imi n&ry Determination and of Intention No. 6485 ( 11 Resol ut1on of Intention") to acquire and construct pub11c improvements 'fn said City, anti referred the proposed acquisitions and improvements to the Director of Public Works of th1s City, being the officer having charge and control of the acquisition and ccnstruction of improvements in and for said City of the kind described in safd Resolution of Intention and being a competent person employetl by sa1d City for that purpose. Section 2. Said Council thereby directed said Director of Public Works (the 11 Eng1neer") to make ar:d file with the City Clerk a report in wr1t1ng in accordance with and pursuant to the Improvement Procedure Code of the Pa 1 o Alto Mun1c1pal Code (the "Engineer•s Report"). Section 3. Said report was duly made and filed with the City Clerk, whereupon said Clerk presented it to this Council for consideration. Section 4. Th1s Council thereupon duly considered said report and each and every part thereof a.nd found that 1t contained al 1 the matters and things called for by the prov1s1ons of said Code, including (1) maps and descriptions of lands and easements to be acquired, (2) plans and spec1ficat1ons of the proposed improvements, and (3) estimate of costs, all of which was done 1n the form and manner requ1red by said Code. Section S. Said Council found that said report and each and every part thereof was sufficient in every particular and determined that ft should stand as th~ report for ail sub>equent proceed1ngs under said Code, whereupon said Council, pursuant to the r~qu1rements of said Code, appointed Monday, the 24th day of February, 1986, at the hour of 7:30 o'clock p.m. of sa 1 d day, in the· Counc 11 Chambers, C1v1 c Center, 250 Ham11 ton Avenue, Pa 1 o Alto, California, as the time and place for hearing protests fn relation to said prcposed acquisitions and improvements, and directing the City Clerk to give not1ce of said hearing as required by said Code. Section 6. It appears that notices of said hearf ng were duly and regularly posted, mailed and published in the time, form and manner required by said Code, as evidenced by the certfffcates on file with said Clerk., whereupon said hearing was duly and regularly held at the time and place stated fn said notice. Section 7. Persons interested, objecting to said acquisitions and improvements, or to the extent of the assessment district, or to the grades at which said work will be done, or tc the Engineer's estimate of the cost and expenses thereof, or to the 1 ssuance of bonds, filed written protests with the City Clerk at or bP.fore the t1me set for hearing, and all persons 1nterested des.1r1ng to be heard were given an opportunity to be heard, and all matters and things pertaining to said acquisitions and improvements were fully heard and considered by said Council. Sect1on 8. The owners of one-half of the area to be assessed 4:.o pay the principal and interest of sa.fd bonds did not, at or pr1or to the tfme fixed for said hearing, file written . protests against the proposed ~cqufsftions and improvements as a whole, or against the extent of said district to be assessed, or as to the Engineer's estfi.,4f:.c! of sa1d costs and -2- expenses, or against the issuance of bonds to pay the costs and expenses thereof. Section 9. The district benefited by said acquisitior.s and improvements and to be essessed to pay the pr1nc1pal and interest on said bonds, and the exterior boundaries thereof are more part1cular1y described fn said Resolution of Intention and made a part hereof by reference thereto. That al1 publfc streets, highways, lanes and alleys shail be omitted from the annual benefit hereafter to be made to pay principal and interest on bonds. Section 10. That the plans and specifications for the proposed 1 mprovements, con ta 1 ned 1 n sa f d report, be, and they a re hereby f i na 1 ly adopted and approved as the plans and specifications to whfch said work shall be done as called for fn said Resolution of Intention. Section 11. That the Engineer1 s estimate of the itemized and total costs and expenses of said acquf s1t1ons and improvements, and of the i nci dental expenses 1 n connect ion therewith, contained in sa f d report, be, and ft 1s hereby ffnally adopted and approved as the Engineer's total and detailed esti11a.te of the costs and expenses of said acquisitions arid improvements. Section 12. That the public interest and convenience require, and said Council does hereby order the acquisitions and improvements to be made as described in and fn accordance with said Resolution of Intention on file 1n the office of the City Clerk, reference to which f s hereby made for a more particular description of said acquisitions and improvell'lentsa and also for further particulars pursuant to the provisions of safd Code. Reference is made to the proceedings taken pursuant to 01v1s1on 4 of the Streets and Highways Code on file in the office of the City Clerk. -3- . ----------------------------------------------· Section 13. That the maps and descr1pt1ons of the lands and easements to be acquired. as contained in said report, be, and the same are hereby finally approved and confirmed. Section 14. Said Engineer's report be, and the same is hereby finally adopted and approven as a whole. Section 15. Final adoption and approval of the Engineer's Report as a whole, and of the plans and specfffcations, estimate of the costs and expenses, and maps and descr1pt1ons of the lands and easements to be acquired, as contained in said report, as hereinabove determined and ordered, 1s intended to and shall refer and apply to said report, or any portion ther~of t as amended, modified, revised or corrected by, or pursuant to and in accordance with any resolution or order, if any, heretofore d1Jly aoopted or made by this Council. Section 16. Bonds shall be hereafter issued under Bond Plan G, Section 13.16.150 of Chapter 13.16 of Tftle 13 of said Code, jur1sd1ct1on to issue which is hereby reserved. Section 17. Safd City Clerk shall forttn.rith: (a) del1ver sa1d Engineer's Report contafnfng an assessment diagram and a dascr1pt1on of the method of apportionment of sa1d assess~ents as approved and conff r111ed by thf s Council to the Superintendent of Streets of the City of Palo Alto, wf th a certificate of such confirmation and of the date thereof, executed by said Clerk, attached thereto; and (b) cause a copy of a notice of assessmente executed by safd Clerk, to be filed f n the off fee of the County Recorder of the County of Santa Clara, such notice to be fn substantially the form provfd~d in Section 3114 of the Streets and Hfghways Code. -4- Said Superintendent of Streets shall record said Engineer's Repurt 1n hfs offfce in a suitable bot>k. to be k.ept for that purpose, and append thereto hi; certificate of the date of such record1 ng, and such recordat 1 on shall be and constitute the assessment roll herein. From the date of recording of said notice of assessment, a 11 :Jersons shall be deemed to have notice of the contents of such assessment, and each of such assessments shall thereupon be a lien 11pon the property against wh1Lh 1t is made, and unless sooner discharged such 1iens shall so continue for the period of ten (10) years frOll the date of said recordation, or in the event bends are 1 ssued to represent said assessments, then such liens shall continue unttl the expiration of four (4) years after the due date of the last installment upon said bonds or of the last installment of principal of said bonds. The appropriate officer or officers are hereby authorized to pay any and all fees t'equ1red by law fn connection with the above. -s- The foregotng Resolution was duly ind regularly adopted at 1 regular Meting of the Counci 1 of the City of Palo Alto held on the 3rd day of March • 1986. by the follow1ng vote! AYES: Bechtel, Cobb, Fletcher, Klein, Levy, Patitucci, Sutorius, Woolley NOES: None ABSTENTIONS: NotlC' ABSENT: Renze 1 ATTEST: APPROVED: ~Hb·~;t.l~e =:::... ~yor APPROVED AS TO FORM: JOHES HALL HI LL & WHITE A Professional La~ Corporat1on ·~ ~---····_ /;.___ ~~to Vice Pre$ident. Bond Counsel