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HomeMy WebLinkAboutRESO 3967• • ORIGINAL • RESOLUTION NO. 3967 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO OVERRULING PROTESTS, CALLING A SPECIAL ELECTION TO SUBMIT TO THE ELECTORS THE QUESTION OF DISCONTINUANCE OF THE USE OF CERTAIN LANDS AS A PUBLIC PARK, AND ORDERING THE CONSOLIDATION OF SAID ELECTION WITH THE 1967 GENERAL MUNICIPAL ELECTION WHEREAS, pursuant to the requirements of Article VIII of the Charter of the City of Palo Alto, the Council did by Ordinance No. 2252 dedicate lands known as Byxbee Park and the City -owned Baylands, the Municipal Golf Course, and the Palo Alto Yacht Harbor for park purposes, and WHEREAS, the Council desires to lease a portion of each of said park lands as delineated on the map marked EXHIBIT A and as more particularly described in EXHIBIT B attached to Resolution of the Council of the City of Palo Alto No. 3957 on file in the office of the City Clerk, to the County of Santa Clara for develop- ment and use as an airport, and WHEREAS, the Council by Resolution No. 3957 did determine that the public interest or convenience requires the discontinuance of the use as a public park of lands described in said EXHIBITS A and B, which exhibits are hereby made a part hereof as though fully set forth herein, for the purpose of leasing said lands, together with other undedicated land, to the County of Santa Clara for the development and operation of an airport, and WHEREAS, the Council by said Resolution No. 3957 did announce its intention to call an election f'r the purpose of submitting the question of such discontinuance to the city electors, provided that on or before April 3, 1967 the County of Santa Clara should execute the revised "Lease Agreement - Palo Alto Airport" as ap- proved by the Council on December 12, 1966, and WHEREAS., the Council by said Resolution No. 3957 did fix March 13, 1967 at 7:30 p.m. in the Council Chambers of the City Hall as the time 'hnd place at which the public or persons particularly - 1 - f 1 interested could protest such discontinuance, and WHEREAS, prior to the hour set for said hearing, a written protest directed against the proposed abandonment and discontinu- ance in its entirety was filed by an interested person, Stephan G. Hulse, and WHEREAS, at said time and place said Council did hear and pass upon all protests made to the proposed discontinuance, NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. The Council by a two-thirds vote does hereby overrule said protest and any and all other protests to the pro- posed abandonment and discontinuance in their entirety. SECTION 2. A special election is hereby called to be held in the City of Palo Alto on Tuesday, May 9, 1967, at which election the following proposition shall be submitted to the electorate of said city: Proposition Shall each of the three areas presently a part of Byxbee Park and the City -owned Baylands, Municipal Golf Course, and Palo Alto Yacht Harbor, as described in Resolution No. 3957 of the Council of the City of Palo Alto, on file in the office of the City Clerk, and comprising approximately 34.362 acres in total area, be abandoned and discontinued for park purposes under authority of Article VIII, Section 3, of the Charter of the City of Palo Alto, so that said areas can be leased to Santa Clara County to be administered by it as a part of the Palo Alto Airport of Santa Clara County? For the Proposition Against the Proposition SECTION 3. If a majority of the voters voting at said special election shall vote in favor of said proposition, the use of said lands proposed to be discontinued for park purposes as described in Resolution No. 3957 shall be deemed discontinued and abandoned for park purposes and the Council shall thereupon adopt an ordinance so declaring by amending Ordinance No. 2252 and thereafter said lands, and each of them, shall be deemed owned by the City in fee. SECTION 4. The City Clerk is hereby directed to enclose with each sample ballot, in addition to any written arguments - 2 - • • • in favor of or against the proposition, a facsimile of the map delineating the lands to be abandoned for park purposes, attached hereto as EXXIBIT A, of a six* suitable for enclosure in the sample ballot envelope. SECTION S. The City Clerk is hereby ordered to publish a synopsis of said proposition in the PALO ALTO TIMES, a newspaper of general circulation published and circulated in the City, in substantial conformity with the requirements of section 22835 of the Elections Code, and to give any other notice of said election required by law. SECTION 6. Said special election is hereby ordered consoli- dated with the 1967 general municipal election to be held on May 9, 1967, and the proposition set forth herein is ordered to be numbered Proposition 5 on the ballot for said general municipal election. This order of consolidation shall be deemed compliance with section 23312 of the Elections Code to the end that the pre- cincts, polling places and precinct board members for such special election shall be the precincts, polling places and precinct board members provided for said general municipal election as set forth in Resolution No. 3951, and in any and all other resolutions that may be adopted hereafter pertaining to said election. SECTION 7. The Council hereby determines that the provision specified in section 38450 of Appendix A of the Palo Alto Charter that a special election of the type called hereby be called by ordinance, is complied with by this resolution. SECTION 8. The condition specified in Section 2 of Resolution No. 3957 regarding execution of the Airport Lease by the County of Santa Clara is deemed complied with. INTRODUCED AND PASSED: March 13, 1967. AXES: Arnold, Beahrs, Cooley, Debs, Flint, Pearson, Rohrs, . Sher, Worthington. NOES: None. ABSENT: Comstock, Dias, Rus Woodward. A T: ' f VED : APPROVED AS TO FORM: - 3 - cer of March 13, 1967 • • r a•/ , c 0 *a/0 4. ••• 4 rlerr tr Of LEGEND e • Ooosfary of erea wit►in esistiag loose le •� be excluded tree prepost4 loose s.4 re- • • stores to pork 110.4. -- B ry et Or eirport lease.,. Aroos prdpose4 10 b. withdraw from port teats. Orr• _ '000 J / $0005# T/0•ra.ar I/••• " eo. Leer/rp C. MAP TO BE SUBMITTED TO PALO ALTO VOTERS IN CON- NECTION WITH MAY 9, 1967 PARK ABANDONMENT ELECTION. •