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Home My WebLink AboutRESO 4987• W~:KIJ:JJ 7/16/74 55c ORIGINAL ..... '~~: l .. .! n t\J ,.H ·t M11 . • that RESOWTION NO. 4987 A RESOLUTION ADOPI'IRG ERGDEER'S REPORT, CONFIRMING ASSESSMEl. r AND ORDERING WORK AND ACQUISITIOBS UBDERGROUND UTILITIF.S ASSESSMENT DISTRICT NO. 17 RESOLVED, by the Council of the City of Palo Alto, California, WHEREl\Z, on the 1st day of July, 1974, said Council adopted its Resolution No. 4961, a Resolution of P~eliminary Determination and of Intention, that the public interest, convenience and necessity required and that it intended to order certain acquisitions and im- provements therein particularly descrlbed, and referred the proposed acquisitions and improvements to the City Engineer to make and file with the Clerk of this City a report in writing in accordance with and pursuant to the Palo Alto Municipal Code; WHEREAS, said report was duly made and -riled l'!ith the Clerk, whereupon the Clerk presented it to this Council for consid~ration; -WHEREAS, said Council thereupon duly considered said report and each and every part thereof, and found that it contained all the matters and things called for by the provisions of said Code, includ- ing (1) plans and specifications of the proposed improvemen~s, (2) es- timate of costs, (3) diagram of district, (4) an assessment according ,. to benefits, and (5) maps and descriptions of acquisitions to be made, all of which was done in the form and manner l"equired by said Code; WHEREAS, said Council found that said report and each and every part thereof was sufficient ln every particular and determined that it should stand as the rei>ort for all subsequent proceedings under said -Code and said Resolution of Preliminary Determination and of Intention, whereupon said Council, pursuant to the requirements of said Code, • • appo~nted Monday, the 12th day of August, 1974, at the hour of 7:30 o'clock P.M., of said day in the Council Chambers, Civic Center, Palo Alto, California, as the time and place for hearing protests in re- lation to said acquisitions and improvements and directing the Clerk to give notice of said hearing-as-required by said Code; WHEREAS, it appears that notices of said hearing were duly and regularly posted, mailed and published in the time, form and manner required by said Code, as evidenced by the certificates and affidavits on file with said Clerk, whereupon said hearing was duly and regularly held at the time and place advertised in said notices; WHEREAS, persons interested objecting to said acqui- sitions and improvements, or to the extent of the assessment district, or to the proposed assessment and diagram, or to the grades at which said work will be done, or the Engineer's estimate or the costs and expenses thereof, or to the maps and descriptions, filed written pro- tests with the City Cl_~rk at -o:r before the time set for said hearing, and all persons int~rested, desi~ing 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, and were overruled, and said Council has acquired jurisdiction to order said acquisitions and improvements and the confirmation of said diagram and assessment to pay the costs and expenses thereof; NOW, THEREFORE, said Council does hereby FIND, DETERMINE and ORDER, as follows: 1. That the owr1ers of one-half of the area of the property to be assessed for the cost of said project did not, at or 'prior to the time fixed tor said hearing, file written protests against said acquisitions and improvements, or as to the Engineer's estimate of costs and expenses or said project, or against the grac..tes at which said work -2 - • • is proposed to be done, or against the maps and descriptions, 0r against the diagram and assessment to pay for t.he costs and expenses thereof. 2. That any and all protests made either tc said-proposed acqu~.si tiur~ e.rid improvements, or the grades at which said work is proposed to be done, or the extent of the assessment district, or the amounts of the several assessments, or the maps and descriptions, and all persons desiring to be heard in relation to any of said matters, whether as protestants or otherwise, have been fully heard and considered, and have been overruled. 3. That the district benefited by said acquisitions and im- provements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, is the district described in said Resolution of Preliminary Determination and of Intention. 4. 'l'ha.t the Engineer's estimate of the itemized and total costs and expenses of said acquisitions and improvements, and of the incidental expenses in connection therewith, contained in said report, be, and it is hereby, finally adopted and approved as the Engineer's total and detailed estimate of the costs and expenses of said acqui- sitions and improvements. 5. That the plans and specifications for the ~roposed improve- ments contained in said report, be, and they are hereby, finally adopted and approved as the pl11.ns and specifications to which said work shall be done as called for in said Resolution of Preliminary Determination and of Intention. 6. That said Council does hereby order the acquisitions and improvements to be made and done as described in and in accordance with said Resolution of Preliminary Determination and of Intention on file in the office of the City Clerk, reference to which is hereby -3 - • ·- made for a more particular description of said acquisitions and improvements and for further particulars pursuant to the provisions of said Code. 7. That the diagram showing the assessment district referred to and described in said Resolution of Preliminary Determination and of Intention, and also the boundaries and dimensions of the respective subdivisions of land within said district as the same existed at the time of the passage nf said Resolution, each of which subdivisions having been given a separate number upon said diagram as contained in said report, be, and it is hereby, finally approved and confirmed as the diagram of the properties to be assessed to pay the costs and expenses of said acquisitions and improvements. 8. That the assessment of the total amount of--the costs and expenses of the proposed acquisitions and improvements upon the several subdivisions of land in said district in propo~tion to the estimated benefits to be received by said subdivisions, respectively, from said acquisitions and improvements, and of the expenses incidental thereto, -- as contained in said report, be, and the same is hereby, finally approved and confirmed as the assessment to pay the costs and expenses of said acquisitions and improvements. 9. That the maps and descriptions of the acquisitions to be made, as contained in said report, be, and the same are hereby, approved and confirmed. 10. That said Engineer's Report be, and the same is hereby, finally adopted and approved as a whole. 11. That the Clerk of this City shall forthwith deliver to the Superintendent of Streets of sa1C1 /City the said assessment, together With said diagram thereto attached and made a part thereof as confirmed by this Council, with her certificate of such confirmation thereto -4 - • • attached and of the date thereof, and that said Superintendent of Streets shall forthwith record -satd diagram and assessment 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 recordatia'l shall be and constitute the assessment roll herein. 12. That said Superintendent of Streets, upon the recording of s---c:aid diagram and assef'\sment, shall mail to each owner of real property within the _a~~~~~ment district-at his last known address as the same appears on the tax rolls of the City, or on file in the office of the City Clerk, or to both addresses if said address is not the s!Me, or try the ger.er~l delivery when no address so appears, a state- ment containJng _a designation by street number or other description of the property assessed sufficient to enable the owner to identify the same, the amount of the assessment, the date of the recordation of said assessment, the time and place of payment thereof, the effect Jf failure -to pay "Ni thin such t:i.me, and a statement of the fact that bonds will be issued on unpaid assessments pursuant to Bond Plan B of the Palo AltQ Municipal Cede. 13. That said Superintendent of Streets shall also cause Notice to Pay AssesSlllents to be published in t'WO successive issues of the Palo Alto Tinies, a newspapers published a.nd__ ~Jrc~_lated in the City of Palo Alto, that said assessment has been recorded and th~t all sums assessed thereon are due and payable immediately and that the payment of said sums is to be made within thirty (30} days after ~he date of recording sa:1d assessment, which date shall be stated in said notice, and of the fact that bonds will be issued upon unpaid assessments as above provided. * * * * * .. 5 • I i __ I . - • • I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the Council of the City of Palo Alto, California, at a meeting thereof held on the 12th day of _______ -August , 1974, by the following vote of the members thereof: AYES, and in favor thereof', Councilmen: Bexwald, Clay, Comstock, Henderson, Norton, Pearson, RosenbaU:m, Sher NOES, ABSENT, APPROVED: Approved: Counc 1 lmen : None Counc 1 lmen: Beahrs I