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HomeMy WebLinkAboutRESO 5018that • • WJML:KJmh 10-10-74-60 ORIGINAL RESOLUTION NO. 5018 A RESOLUTION OF DETERMINATION, UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE, TO PROCEED WITH PROCEEDINUS FOR ACQUISITIONS AND IMPROVEMENTS CALIFORNIA AVENUE AREA OFFSTREET PARKING PROJECT NO. 71-63 RESOLVED, by the Council of the City of Palo Alto, California, WHEREAS, in accorda:1ce with the order of this Counci 1, a report has been filed with this Council pursuant to Division 4 of the Streets and Highways Code for the acquisition and construction of public improvements in and for said City described as follows: The acquisition of the following parcels of property and the improvement thereof as public offstreet automobile parking lots by grading, excavation, removing existing structures, and the construction therein of pavement, striping, bumper stops, curbs, gutters, walkways, drainage improvements, light- ing facilities, signs, landscaping and all auxiliary and related work necess~ry to complete the same as offstreet motor vehicle parking facilities: Parcel I. A parcel of land at the southerly intersection of Birch Street and Cambridge Avenue; Parcel II. A parcel of land at the westerly intersection of Birch Street and Sherman Avenue; Parcel III. A parcel of land fronting on Birch Street and lying between Parcel II and the alley between California Avenue and Sherman Avenue. WHEREAS, Tuesday, the 29th day of October, 1974, at the hour of 7:30 o'clock P.M., at the Council Chambers, Civic Center, Palo Alto, California, were fixeu by this Council as the time and place for hearing upon said report; and notice of said hearing has been duly given to all persons interested in the manner and for the time pro- vided by law, as appears from a certificate thereof on file with the City Clerk; WHEREAS, this Council determined that said report sho~ld be heard before this Council, it being the legislative body of said City, and at said hearing on the report, the report, except as to the map, plat or diagram and the assessed valuations, true valuations and estimated • • assessments upon each parcel of land, was read before protests were cnns1dered; and WHEREAS, all persons interested desiring to be heard were fully heard, and all oral protests or objections made at the hearing to the ordering of the things proposed to be done, and all written protests to the ordering of said things or relating to the regularity or suf- ficiency of the proceedings, setting forth the irregularity or defect to which objection was made, and which were filed with the City Clerk at or before the time fixed for the hearing, were fully heard and considered by this Council; NOW, THEREFORE, IT IS ORDERED, as follows: 1. That said acquisitions and improvements constitute a single comprehensive scheme for the construction of said improvements as described in Resolution No. 4954 of Preliminary Determination for these proceedings heretofore adopted by this Council on June 17, 1974. 2. That the owners of more than one-half of the area of the property to be assessed for the improvements have not filed with the City Clerk, at or before the time fixed for said hearing, or at all, written protests or objections to the ordering of the things proposed to be done, contained in said report. 3. That the owners of more than one-half of said area to be assessed-ha~e not, either orally or in writing, protested or objected to the ordering of said things proposed to be done, and that each and all of said protests are hereby overruled. 4. That said report and the proceedings heretofore had thereon or therefor are valid and fully conform with the proviaions of Divi- sion 4 of the Streets and Highways Code, and all protests in writing relating to the regularity or sufficiency of the proceedings filed with the City Clerk at or before the time fixed for said hearing, are hereby overruled. 5. That the public interest, convenience and necessity require the acquisitions and improvements set forth in said report, that said proposed project is feasible and that the lands to be assessed therefor 2 • • • • will be able to carry the burden of such proposed assessments and the limitations on the amounts of the assessments provided for in said Division 4 may be disregarded, both with respect to the limitations on the district as a whole, and as to the limitations on individual, specific assessments. 6. That the lands to be specially assessed to pay the costs and expenses of said improvements are all as shown on the diagram of the proposed assessment district, which is a part of the report. 1. That proceedings for the acquisitions and construction or said improvements will be had pursuant to the Special Assessment Investigation~ Limitation and Majority Protest Act of 1931 and the Palo Alto Improvement Procedure Code, and the bonds upon the unpaid assessments will be issued pursuant to Bond Plan G or said Improvement Procedure Code. • • • • • • 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 22th day of _..-Qetobar , 197~, by the rollowing vote of the members thereof: . -- AYES, and in favor thereof, Councilmen: Beahrs, Berwald, Clay, Cemstock, Henderson, Pe&rson, Rosenbaum, Sher NOES, ABSENT, v Councilmen: None Councilmen: Norton City ceriCo ~City of Palo 'Alto 3