Loading...
HomeMy WebLinkAboutRESO 3929WJML:KIJ:gt 9/16/66 25c RESOLUTION NO. 3929 A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT, ORDERING THE WORK AND ACQUISITIONS AND ORDERING THE FORMATION OF THE UNIVERSITY AVENUE DISTRICT OFF-STREET PARKING MAINTENANCE DISTRICT UNIVERSITY AVENUE DISTRICT CIVIC CENTER OFF-STREET PARKING PROJECT NO. 66-8 RESOLVED, by the Council of the City of Palo Alto, California, that WHEREAS, on the 13th day of June, 1966, said Council adopted its Resolution of Intention No. 3896 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 of the kind described in said Resolution of Intention and being a competent person appointed 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) plans and specifications of the proposed improvements, (2) estimate of costs, (3) diagram of district, and (4) an assess- ment according to benefits, 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 18th day of July, 1966, 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 proposed assessment or diagram or to the grades at which said work will be done, or to the Engineer's estimate of the cost and ex- penses thereof, or to the issuance of bonds or to the formation of the University Avenue District Off -Street Parking Maintenance Dis- trict, filed written protests with the City Clerk of said City at or before the time set for hearing, and all persons interestd 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, and said Council there- upon adopted its.Resolution No. 3906, closing said hearing and deter- mining that said Council has acquired jurisdiction to order said acquisitions and improvements and the confirmation of said diagram and assessment to pay the costs and expenses thereof, andtaking the project under advisement until the regular meeting of said Council scheduled for September 26, 1966. 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 for the cost of the project did not, at or prior to the time fixed for 2 said hearing file written protests against the said proposed acquisi- tions and improvements as a whole, or against the said district or said maintenance district or the extent thereof to be assessed for the costs and expenses of said acquisitions and improvements as a whole, or as to the Engineer's estimate of said costs and expenses, or against the diagram or assessment and 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 costs and expenses thereof, and the principal and interest on said bonds, and the exterior bound- aries thereof are more particularly described in said Resolution of Intention and made a part hereof by reference thereto. That all pub- lic streets, highways, lanes and alleys within said assessment dis- trict shall be omitted from any of said specific lien special assessments, and 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 cover the costs and expenses of said acquisitions and improvements or to pay principal and interest on bonds, respectively. 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 re- port, 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. 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 3 i • Intention on file in the office of the City Clerk of said City, ref- erence to which is hereby made for a more particular description of said acquisitions and improvements, and also for further particulars pursuant to the provisions of said Code. 6. That the diagram showing the assessment district referred to aril described in said Resolution of Intention, and also the bound- aries and dimensions of the respective subdivisions of land within said district as the same existed at the time of the passage of said Resolution of Intention, each of which subdivisions 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. 7. That the assessment, representing $525,000 of the total amount of the costs and expenses of the proposed acquisitions and im- provements upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by said subdivi- sions, respectively, from said acquisitions and improvements, and of the expenses incidental thereto, contained in said report, (as cor- rected to show no assessment against Diagram and Assessment Nos. 57, 58 and 59 because they are outside the boundaries of the district, filed in the office of the City Clerk, and on which the mailed notices of hearing were based), be, and the same is hereby, finally approved and confirmed as the assessment to pay said portion of the costs and expenses of said acquisitions and improvements. 8. That said Engineer's report be, and the same is hereby, finally adopted and approved as a whole. 9. That the City Clerk shall forthwith deliver to the Superin- tendent of Streets the said assessment, together with said diagram thereto attached and made a part thereof, as confirmed by this Council, with his 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 in a suitable book 4 • • to be kept for that purpose, and append thereto his certificate of the date of such recording, and such recordation shall be and consti- tute the assessment roll herein. 10. That the Superintendent of Streets in whose office the assessment shall have been filed or recorded, shall execute and re- cord 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 assessments shall thereupon be a lien upon the property against which it is made, and unless sooner discharged such liens shall so continue until the expir- ation of four (4) years after the due date of the last installment upon bonds to be issued to represent unpaid assessments or of the last principal coupon attached thereto. 11. That said Superintendent of Streets, upon the recording of said diagram and assessment, and said notice of assessment,shall mail to each owner of real property within the assessment district at his last known address as the same appears on the tax rolls of the City or on file in the office of the City 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 other description of the property assessed suffi- cient to enable the owner to identify the same, the amount of the assessment, the time and place of payment thereof, the effect of failure to pay within such time, and a statement of the fact that bonds will be issued on the unpaid assessments pursuant to Bond Flan B, Section 40.503 of Division 5 of said Code, the last installment of which bonds shall mature not to exceed nine (9) years from the second day of July next succeeding ten (10) months from their date. 12. That said Superintendent of Streets shall also give notice by publishing a copy of a Notice to Pay Assessments in two successive insertions in the Palo Alto Times, a newspaper published in said City, 5 • • that said assessment has been recorded in his office, and that all sums assessed thereon are due and payable immediately, and that the payment of said sums is to be made 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. 13. That, in the opinion of this Council, the areas contained within said proposed assessment district are the properties which will be benefited by the maintenance and operation of the off-street parking improvements heretofore constructed and the proposed off- street parking improvements to be constructed herein, and that the public interest and convenience require and that this Council hereby orders said area formed into an off-street parking maintenance dis- trict under and pursuant to Section 40.405 of Division 4 of said Code, to be known as the "University Avenue District Off -Street Parking Maintenance District", for the purpose of maintaining and operating said off-street parking improvements. 14. Bonds shall be hereafter issued under Bond Plan G, Section 40.507 of Division 5 of said Code, in the amount of $975,000 to pay for the balance of the costs and expenses of said acquisitions and improvements, jurisdiction to issue which is hereby reserved. * * * * * 6 • • 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 3rd day of October , 1966, by the following vote of the members thereof; AYES, and in favor thereof, Councilmen: Cooley, Dias, Flint, Rohrs. Arnold, Beahrs, Comstock, NOES, Councilmen: Debs, Pearson, Sher, Worthington ABSENT, Councilmen: Rus, Woodward er o e yo -ao * o APPROVED: