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HomeMy WebLinkAboutRESO 5019• that • ~:KJmh 10-21-74-60 ORIGINAL RESOLUTION NO. 5019 A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT AND ORDERING THE WORK AND ACQUISITIONS CALIFORNIA AVENUE AREA OFFSTREET PARKING PROJECT NO. 71-63 RESOLVED, by the Council of the City of Palo Alto, California, WHEREAS, on September 10, 1974, this Council adopted its Resolu- tion of Intention No. 4993 to acquire and construct public improvements in said City, and referred the proposed acquisitions and improvements to the City Engineer of this City, he being the officer having charge and control of the acquisition and construction of improvements in and for said City of the kind deecribed in said Resolution of Intention and being a competent person employed by said City for that purpose; WHEREAS, said Council thereby directed said City Engineer to make and file w1th the City Clerk a report in writing in accordance with and pursuant to the Improvement Procedure Code of the Palo Alto Muni-- cipal Code; WHEREAS, said report was duly made and filed with the City ClerkJ whereupon said Clerk presented it to this Council for consideration; WHEREAS, this 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, including (1) maps and descriptions of lands arid easements to be acquired, (2) plans and specifications of the proposed improvements, and ( 3) e·stimate of costs, all of which was done in the form and manner required by said Code; WHEREAS, said Council found that said report and each and every part thereof was sufficient in every particular and determined that it should stand as the report for all subsequent proceedings under said Code, whereupon said Council, pursuant to the requirements of said Code, appointed Tuesday, the 29th day of October, 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 relation to said proposed acquisitions and improvements, and directing the City 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 an~ manner required by said Code, as evidenced by the certificates on file with said Clerk, whereupon said hearing was duly and regularly held at the time and place stated in said notice; and WHEREAS, persons interested, objecting to said acquisitions and improvements,-or to the extent of the assessment dlstrict, or to the grades at which said work will be done, or to the Engineer's estimate of the cost and expenses thereof, or to the issuance of bonds, filed written protests with the Clty Clerk at or before the time set for hearing, and all persons interested desiring 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; NOW, THEREFORE, said Council does hereby FIND, DETERMINE and ORDER, as follows: 1. That the owners or one-half of the area to be assessed to pay the principal and interest of said bonds did not, at or prior to the time fixed for said hearing, file written protests against the pro- posed acquisitions and improvements as a whole, or against the extent of said district to be assessed, or as to the Engineer's estimate of said costs and expenses, or against the issuance 9f bonds to pay the costs and expenses thereof. 2. That the district benefited by said acquisitions and improve- ments and to be assessed to pay the principal and interest on said bonds, and the exterior boundaries thereof are more particularly described in said Resolution of Intention and made a part hereof by reference thereto. That all public streets, highways, lanes and alleys 2 • • shall be omitted from the annual benefit or ad valorem assessments hereafter to be made to pay principal and interest on bonds. 3. That the plans and specifications for the proposed improve- ments, contained in said report, be, and they are hereby finally adopted and approved as the plans and specifications to which said work shall be done as called for in said Resolution of Intention. 4. That the Engineer's estimate of the itemized and total costs and expenses of said acquisitions and improvements, and of the inci- dental 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 acquisitions and improvements; the estimate of cost set forth in the Investigation Report, California Avenue Parking Project No. 71-63, on file in the office of the City Clerk, is amended to incorporate said Engineer's estimate of cost from said Engineer's Report on said project, in the total amount of $420,084. 5. That the public interest and convenience require, and said Council does hereby order the acquisitions and improvements to be made as described in and in accord~nce with said Resolution of Intention on file in the office of the City Clerk, reference to which is hereby made for a more particular description of said acquisitions and improve- ments, and also _for further particulars pursuant to the provisions of said Code. Except as, herein otherwise provided for the issua~ce of bonds, all of said work and improvements shall be done as provided in Sections 13.12.040 and 13.12.050 of Chapter 13.12 of Title 13 of said Municipal Code, and Section 15 or said Resolution of Intention is amended to refer to said sections of said Code. Reference is made to the proceedings taken pursuant to Division 4 of the Streets and Highways Code on file in the office of the City Clerk. 6. That the maps and descriptions of the lands and easements to be acquired, as contained in said report, be. and the same are here- by finally approved and confirmed. 3 • . . • • 7. That said Engineer's report be, and the same is hereby finally adopted and approved as a whole. 8. That final adoption and approval of the Engineer's report as a whole, and of the plans and specifications, estimate of the costs and expenses, and maps and descriptions of the lands and easements to be acquired, 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 amended,_ modified, revised or corrected by, or pursuant to and in accordance with any resolution or order, if any, heretofore duly adopted or made by this Board. 9. That bonds shall be hereafter issued under Bond Plan G, Section 13.16.150 of Chapter 13.16 of Title 13 of said Code, in the amount of $420,084 to pay the costs and expenses of said acquisitions and improvements, jurisdiction to issue which is hereby reserved, and Section 13 of said Resolution of Intention is amended to refer to said section of said 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 29th day Of OctOher , 1974, by the following vote Of the members thereof: AYES, and in favor thereof, Councilmen:Beahrs, Berwald, Clay, Comstock, Henderson, Pearson, Rosenbaum, Sher NOES, ABSENT, Approved: Councilmen: None Councilmen: Norton 4