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HomeMy WebLinkAboutRESO 4025WJML:KIJ:mf 8/21/67 25 C ORIGINAL RESOLUTION NO. 4025 A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT AND ORDERING THE WORK AND ACQUISITIONS CALIFORNIA AVENUE AREA P_ARKIFG PROJECT NO. 65-9 RESOLVED, by the Council of the City of Palo Alto, California, that WHEREAS, on the 3rd day of January, 1967, said Council adopted its Resolution of Intention No. 3950 to acquire and construct public improvements in said City, and referred the proposed acquisitions and improvements to the City Engineer of said City, he being the officer having charge and control of the construction of improve- ments in and for said City o± the kind described 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 with the City Clerk of said City a report in writing in accordance with and pursuant to the Palo Alto Improvement Pro- cedure Code; WHEREAS, said report was duly made and filed with the City Clerk of said City, whereupon said City Clerk presented it to the 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 Code, in- cluding (1) maps and descriptions of lands, easements and rights to be acquired, (2) plans and specifications of the proposed improvements, (3) estimate 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 require- ments of said Code, appointed Monday, the 21st day of August, 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 directing the City Clerk of said City 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 affidavits 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 district, 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 City Clerk of said City 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 of,..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 proposed 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 of bonds to pay for the costs and expenses thereof. 2. That the district benefited by said acquisitions and improvements and to be assessed to pay the principal and interest on 2 • • 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 and other publicly owned and otherwise non-taxable property within said assessment district shall be omitted from the annual benefit or ad valorem assessments hereafter to be made to pay princi- pal 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 incidental expenses in connection therewith, contained in said report, be, and it is hereby finally adopted and approved as the Engineer's totaland �- e. i a -e is and expenses of said dc..a.�led c.�t..;na.,.. of the cos.,., acqui- sitions and improvements. 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 accordance with said Resolution of. Intention on file in the office of the City Clerk of said City, reference to which is hereby made for a more particular description of said acquisitions and improvements, and also for further parti- culars pursuant to the provisions of said Code. 6. That the maps and descriptions of the lands and easements to be acquired, as contained in said report, be, and the same are hereby, finally approved and confirmed. 7. That said Engineer's report be, and the same is hereby, finally adopted and approved as a whole. 8. Bonds shall be hereafter issued under Bond Plan G, 3 • • Section 40.507 of Division 5 of said Code, in the amount of $390,000 to pay the costs and expenses of said acquisitions and improvements, jurisdiction to issue which is hereby reserved. * * * * * * 1 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 21st day of August, 1967, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Arnold, Berwald, Clark, Comstock, Dias, Gallagher, Pearson, Spaeth, Wheatley NOES, Councilmen: None ABSENT, Councilmen: Beahrs, Cooley APPROVED: tio qA.4.4)i-4TIA4 aa.24A., Vim'• M�.. 4