HomeMy WebLinkAboutRESO 4005r
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WJML:K fh 5-15-67 30C
ORIGINAL
RESOLUTION NO. 4005
A RESOLUTION DETERMINING CONVENIENCE AND NECESSITY, ADOPTING
ENGINEER'S REPORT, CONFIRMING ASSESSMENT AND ORDERING WORK
AND ACQUISITIONS
EL CAMINO REAL WIDENING
PROJECT NO. 64-1
RESOLVED, by the Council of the City of Palo Alto, California,
that
WHEREAS, on the 10th day of August, 1964, said Council adopted
its Resolution No. 3760 of Preliminary Determination and of Inten-
tion that the public interest, convenience and necessity required
and that it intended to order certain, acquisitions and improvements
therein particularly described, and referred the proposed acquisi-
tions and improvement to the City Engineer of said City, he being
the officer having charge and control of the acquisitions and con-
struction of public improvements in and for said City of the kind
described in said Resolution, and being a competent person employed
by said City for that purpose;
WHEREAS, said Council thereby directed said City Engineer to
make and file with the City Clerk of said City a report in writing
in accordance with and pursuant to the Municipal Improvement Act of
1913;
WHEREAS, said report was duly made and filed with the City Clerk,
whereupon the Clerk presented it to said Council for consideration;
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 Act, includ-
ing (1) maps and descriptions of lands and easements to be acquired,
(2) plans and specifications of the proposed improvements, (3) es-
timate of costs, (4) diagram of district, and (5) an assessment
according to benefits, all of which was done in the form and manner
required by said Act;
• •
WHEREAS, said Council found that said report and each and
every part thereof was sufficient in every particular and deter-
mined that it should stand as the report for all subsequent pro-
ceedings under said Act and Resolution of Preliminary Determina-
tion and of Intention, whereupon said Council, pursuant to the re-
quirements of said Act, appointed Monday, the 22nd day of May, 1967,
at the hour of 7:30 o'clock P. M. of said day in the Council Chambers,
City Hall, Palo Alto, California, as the time and place for hearing
protests in relation to said proposed acquisitions and improvements,
and directed the Clerk of said City to give notice of said hearing
as required by said Act;
WHEREAS, it appears that notices of said hearing were duly and
regularly posted, published and mailed in the time, form and manner
required by said Act, as evidenced by the 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 acquisitions
and improvements, or the extent of the assessment district, or to
the proposed assessment or diagram, or to the maps and descriptions,.
or to the grades at which said work will be done, or to the Engi-
neer's estimate of the costs and expenses thereof, filed written
protests with the Clerk of said City at or before the time set for
said hearing, and all persons interested desiring to be heard were
given an opportunity to be heard, oral and documentary evidence as
to public convenience and necessity, as to benefits, and as to all
other matters herein set forth was duly presented to and considered
by said Council, and all matters and things pertaining to said ac-
quisitions and improvements were fully heard and considered by said
Council;
NOW, THEREFORE, said Council does hereby FIND, DETERMINE and
ORDER, as follows:
-2-
• •
WHEREAS, said Council found that said report and each and
every part thereof was sufficient in every particular and deter-
mined that it should stand as the report for all subsequent pro-
ceedings under said Act and Resolution of Preliminary Determina-
tion and of Intention, whereupon said Council, pursuant to the re-
quirements of said Act, appointed Monday, the 22nd day of May, 1967,
at the hour of 7:30 o'clock P. M. of said day in the Council Chambers,
City Hall, Palo Alto, California, as the time and place for hearing
protests in relation to said proposed acquisitions and improvements,
and directed the Clerk of said City to give notice of said hearing
as required by said Act;
WHEREAS, it appears that notices of said hearing were duly and
regularly posted, published and mailed in the time, form and manner
required by said Act, as evidenced by the 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 acquisitions
and improvements, or the extent of the assessment district, or to
the proposed assessment or diagram, or to the maps and descriptions,
or to the grades at which said work will be done, or to the Engi-
neer's estimate of the costs and expenses thereof, filed written
protests with the Clerk of said City at or before the time set for
said hearing, and all persons interested desiring to be heard were
given an opportunity to be heard, oral and documentary evidence as
to public convenience and necessity, as to benefits, and as to all
other matters herein set forth was duly presented to and considered
by said Council, and all matters and things pertaining to said ac-
quisitions and improvements were fully heard and considered by said
Council;
NOW, THEREFORE, said Council does hereby FIND, DETERMINE and
ORDER, as follows:
-2-
• •
1. That the owners of one-half of the area of the property to
be assessed for the cost of said project did at or prior to the time
fixed for said hearing, file written protests against the said ac-
quisitions and improvements, or as to the Engineer's estimate of
costs and expenses of said project, or against the maps and descrip-
tions, or against the grades at which said work is proposed to be
done, or against the diagram and assessment to pay for the costs
and expenses thereof,
2. That any and all protests made either to the question of
the public interest, convenience and necessity of making said ac-
quisitions and improvements under said Resolution of Preliminary
Determination and of Intention, or to said proposed acquisitions
and improvements, or the grades to which said work is proposed to
be done, or the extent of the assessment district, or the maps and
descriptions, or the amounts of the several assessments, and all
persons desiring to be heard in relation to any of said matters,
whether as protestants or otherwise, have been fully heard and con-
sidered, and are hereby overruled.
3. That the public interest, convenience and necessity require
the acquisitions and improvements in the manner proposed, and Div-
ision 4 of the Streets and Highways Code shall not apply.
4. 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.
5. That 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 acquisitions and improvements.
• •
6. That the plans and specifications for the proposed im-
provements, 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
Preliminary Determination and of Intention.
7. That the maps and descriptions of the lands and easements
to be acquired, as contained in said report, be, and the same are
hereby, approved and confirmed.
8, That the public interest, convenience and necessity require,
and said Council does hereby order the acquisitions and improvements
to be made as described in and in accordance with, said Resolution
of Preliminary Determination and of Intention on file in the office
of the Clerk of said City, reference to which is hereby made for a
more particular description of said acquisitions and improvements
and for further particulars, pursuant to the provisions of said Act.
9. That the diagram showing the assessm►ent district referred
to and described in said Resolution of Preliminary Determination and
of Intention, and also the boundaries and dimensions of the respec-
tive subdivisions of land within said district as the same existed
at the time of the passage of said Resolution, each of which sub-
divisions 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.
10. That the assessment of the total amount of the costs and ex-
penses of the proposed acquisitions and improvements (other than the
amounts to be contributed)upon the several subdivisions of land in said
assessment district in proportion to the estimated benefits to be re-
ceived by said subdivisions, respectively, from said acquisitions and im-
provements, and of the expenses incidental thereto,as contained in said
as modified
report4 be and the same is hereby, finally approved and confirmed as the
• s
assessment to pay the costs and expenses of said acquisitions and
improvements.
11. That the Engineer's report be, and the same is hereby,
finally confirmed and approved as a whole.
12. That the Clerk of said City shall forthwith deliver to the
Superintendent of Streets of said City the said assessment together
with diagram thereto attached and made a part thereof, as confirmed
by this Council, with her certificate of such confirmation thereto
attached and of the date thereof; and that said Superintendent of
Streets shall record said diagram and assessment in his office and
in the office of the County Surveyor of the County of Santa Clara,
in suitable books to be kept for that purpose, and shall append
thereto his certificate of the date of such recording, and such
recordation shall be and constitute the assessment roll herein.
13. That the Superintendent of Streets in whose office the
assessment shall have been filed or recorded, shall execute and
record a Notice of Assessment in the office of the County Recorder
of the County of Santa Clara, such notice to be in substantially
the form provided in Section 3114 of the Streets and Highways Code.
From the date of such recording, all persons shall be deemed to have
notice of the contents of such assessment, and each of such assess-
ments shall thereupon be a lien upon the property against which it
is made, and unless sooner discharged, such liens shall so continue
until the expiration of four (4) years after the due date of the
last installment upon bonds to be issued to represent unpaid assess-
ments or of the last principal coupon attached thereto.
14. That said. Superintendent of Streets, upon the recording of
said diagram and assessment, shall mail to each owner of real prop-
erty within the assessment district at his last known address as
same appears on the tax rolls of the City, or on file in the office
of the Clerk of said City, or to both addresses if said address is
not the same, or to the general delivery when no address so appears,
a statement containing a designation by street number or oth:,r de-
scription 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 there-
of, the effect of failure to pay within such time, and a statement
of the fact that bonds will be issued on unpaid assessments pur-
suant to the Improvement Bond Act of 1915.
15. That said Superintendent of Streets shall also cause Notice
to Pay Assessments to be published in ten successive issues of the
Palo Alto Times, a newspaper published and circulated in said City,
that said assessment has been recorded, and that 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 the date of
recording said assessment, which date shall be stated in said notice,
and of the fact that bonds will be issued upon unpaid assessments
as above provided.
* * * * * * *
• •
t hereby certify that the foregoing is a f'u11, tr.ie and
correct copy of a resolution- -iuly passed and adopted by the
Council of the City of Falo Alto, California, at a meeting
thereof held on the 5th day of July , 1967, by
the following vote of the members thereof:
AYES, and in favor thereof, Councilmen:
Arnold, Beahrs, Berwald, Clark, Comstock, Cooley, Dias,
Gallagher, Spaeth, Wheatley
NO17-7., Councilmen Pearson
ABSENT, Councilmeno N,ohe
? OVED
Mayor
k of the City of Palo Alto