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Home My WebLink AboutRESO 5334• alr.:KTJ:vstt . • 1/11/77 ORIGINAL RESOLUTION NO. 5334 A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT .AND ORDERING THE WCRK AND ACQUISITIONS SILVA AVENUE -SILVA COURT ASSESS~NT DISTRICT SANITARY SEWERAGE PROJECT RESOLVED, by the Council of the City of Palo Alto, California, that. WHEREAS, on the 12th day of October, 1976 said Council adopted its Resolution of Intention No. 5266 to acquire and construct public improvements in said City, and referred the proposed acquisitions and improvements to the City Ene,ineer of said City, he being the officer having charge and control of the construction of improvements 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 a..nd file with the City Clerk of said City a report 1n writing in accordance with and pursuant to Section 13.12.040, Chapter 13.12, Title 13 of the Palo Alt;o Municipal Code, analagous to the Improvement Act of 1913; WHEREAS, said report was dul~ made and filed with the City Clerk or said City, whereupon said Cl~rk presented it to_ the Cou.ncil tor consideration; WHEREAS, said Council thereupon dul7 considered said report and each and every part thereot and round that it con- tained all the matters and things called for by the provisions ot said Act, including (1) maps and descriptions of lands and easements to be acquired; (2) -plans and specifications or the proposed 1mprove111enta; (3) eat1mate of costs; (la) diagr~ or -:.~ ~· ·,, ,_, ....----------------------------------------~---·--··-·----- district; and (5) an assessment 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 requiremer.ts of said Code, appointed Monday, the 24th day of January, 1977, at the hour of 7:30 o'clock P.M. of said day in the Council Chamb.ers, Civic Center, 250 Hamilton Avenue, 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 or said hearing were dql:y- and regularly posted, mailed and published in the time, form and manner required by said Code, as evidenced by the certificates and affidavits on f'-le w~th said Clerk, whereupon said hearing. was duly and regularly held at the time and place stated in said notice; and WHEREAS, ~~~O~~~~-persons interested, objecting to said acquisitions and improvements, or to the extent of the assess~· ment district, or to the proposed assessment or diagrafu; or to the maps and descriptions or to the grades at which said work will be done, or to the Engineer's estimate of the costs and expenses thereof, filed written protests with .the City C~rk 0£ said City at or before the time set for hearing, and all:pe~sona interested desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said acqu~sitions and improvements were fully heard and considered by said Council, and were overruled, and said Council has acquired Jurisdiction 2 .. to order said acquisitions and improvements ~~d the con:tirmat1on o:t said diagram and assessment to pay the costs and expenses .thereof'. NOW> THEREFORE, said Council does hereby FIND, DETERMINE and ORDER, as follows: · 1. Tb.at the owners of one-hall" or the area to be assessed for the cost or the project did not, at or prior to the time f'ixed -. f'or said hearing f'1le~wr1tten pro.tests against the said proposed acquisitions and improvements as a ~hole, or againat the said district or the· extent thereof to be assessed ror the costs and expenses of said_acqu1sit1ons and iilprovements_as a whole, or ·as to ·the Engineer 1 s estimate o:t said costs and expenses ·or agair~st the maps and descriptions, or against the diagram or assessment-to pay :tor the costs and expenses thereof. 2. That the.district benefited by said acqu1s1t~cms and improvements and to be assessed to pay the costs and expenses thereof", and the exter1_o~ boundaries thereof' are more particu- larly described in said Resoluticu'l' or "Intention. and made a part hereo:f" by ref'erence thereto •. Tb.8~ all public streets and highways ... _ -"1th1n said assessment <Ustr1ct in use in t~ pert"orma.nce or a ·public function as ~uch shall be omitted trom said d1str1c·t and . ---f'rom the le:v7 and coll.ection of' the special taxes to be herea:tter 1P.v1ed and collected to cover the costs and expenses of' said '.~J -. acqu1a1t1ons and improvements. 3. That the plans and specifications f'or the proposed 1mproveJRenta1 contained in aaia report, be, and they are hereb~, -finally adopted and approved aa the plane and spe~1r1cat1ona to which aa1d work aball be done aa called.".for in said Reaolut1on ot Intent1on. 4. That the Bng1neer•a estimate ot the itemized and • • : total costs and expenses ot said acquisitions and improvements, and of the incidental expenses in connection therewith, con- tained in said report,. be, and it is hereby, finally adopted and approved as the Engin~er•_s total and detailed estimate or the costs and expenses of ·said acquisitions $.nd irnprovements. 5. That the maps and descriptions of' the lands. and ease- ments to be acquired, as contained in said repor'f(, be, and the same are hereby, finally approved and confirmed. 6 •. . That the publ~e: ·interest and convenience require,. · and said Council does hereby order the acquia1t1ona and imprQ~ ~ements to be made as described i~ and in accordanc~ with a•1d Resolution ot Intention. o~ tile in the office o~ the C~t1 Cler~ of said City,. reference to w};l1cb 1a bereb~ •de for a ~re ~t1c~:ia.~ de•c~-1pt1on, or aa1d $cq-..-1a1t1C>.ll$ and illlproveme~tJJ, ~l\Q aleQ to~ ~t~er p~rticul~a pur•~~t to t~ pr.ov1a1o~a of sa1Q C-0<\e., 1. T~t the d1•~ru ahowing t~ ass.easment clist:rict :r~ferred to aQd d.eacr1~ in aatd Reaol\lti()?l of' Inte~t1cm,.,.' ~ ail30 t;.be b«;>un<larie,a and o~-.naiQna or the re$pecttve .eu.bQ1vt~ion$ ot laud 111.it;hln aaia d1atl'tct as the same e.x1sted at tlle t~ ot t~ ~··• of aa1d Resol\.\tion ot Intention, each ot whiC·h. it\$• <Uv1a1one ~ving b4\lerf given a toparate n~ber. tq>Ol:l •~:ld 41a&r•a-· •• oo.nta.1nod !.no.aid .l'e~~t. bea and it ta ~~01~ r1n.al:l.7 a~ved. e.n4 c(mf1"81t a, tbe ~.t.P.. of' th• FOpertte• to be · ~ -. . aaoaae4 w f8.1 the coats ~nd •xp•a••• o1' a..1d acq~1ait1Ql\• w 1.N>l'Ovaente. 8. Tbe.t tbe aes9eaeMl\.t·or tne total ut:lunt e>f tne coeta and •:a:,.fl••• ot tM! prop.a.e<l •C)quiat ti one ~ ~~p:rov...-nta l.q)QI\ the aeve:ral e\.\b41v1a1one ot l.u.CI 11' ••1<l «l.t.tt"~Qt in prop~tton to tbe e1t1au..tecl benefit• .to be i-eco1~•4 l>J aa1d '~bcUvt11on1s .. 1 ,< ·-,; ' . '· \- • respectively, from said acquisitions and improvements, and of the expenses incidental thereto, contained in said report, be, and the same is hereby, rinally approved and confirmed as the assessm~nt to pay the costs and expenses of said a_cqu1s1 tions and improvements. _ 9. That said Engin~er's report be, and the same is hereby, finally adopted and approved as a whole. ri 10. That the City Clerk shall forthwith deliver to the Superintendent of S_treets the said assessment,_ together with said diagram thereto attached and made a part thereof j as con- firmed by this Council, with his certificate or such confirmation thereto attached and of the date thereof; and.that said SUperin- tendent or Streets shall record said diagram and assessment in his office in a sui ta~le book to be k.ept for that purpose, and ap:a:>end thereto his certificate of the date ot such recording, anQ such recor<lation shall be ~d constitute the assessment roil l.' herein. 11. That the Collection O.f:ficer, upon the recording of said. diagram and ass~ssment, shall cause to be mailed to each_ owner of real-pro~erty·within the assessment district at his last known addl'eas as the same appears on the tax rolls or the ColUlty or o~-file in the office of. the Clerk or sa14 City, or _to bot~ addresses if said address is not -~he same, or to the .· --. general delivery when no addr~a~ so appear•, a statement con- taining a designation by str,et nwnber or other description of the property as-sessed sufficient to enable the owner to ident1t1 the same, the amount of the ass_essment, the date of recordation of the assessment, the time and place of payment thereof and the etfect of f'ail~re-to pay within such t1Jlle, together with a statement of .the r~ct that bonds will be issued on the unpaid 5 . • assessments pursuant to Section 13.16.110, Chapter 13.16, Title 13 (Bond Plan B) of said Code, analagous to the Improvement Bond Act of 1915. 12. That said Collection Officer shall also cause Notice to Pay Assessments to be published in the Palo Alto Times, a ·newspaper published and circulated in said City that said assess- ment has been recorded and that all sums assessed ~hereon 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, the effect of the failure to pay assessments within the 30 day period, and of the fact that bonds will be issued upon unpaid assessments as above provided. Said publication shall be made once a week for two successive wee~s with at least five days intervening between ·the respective publicatipn dates, not counting such publica~ion dates. 13. That final ad~pticn and approval of the Engineer's Report as a whol~, and of the plans and specifications, estimat·e of-the costs and expenses, maps.and descriptions of the lands and easements to be acquired, the diagram and the·assessment, as contained in said Report, as hereinabove determined and orde~d, ·.· :ts intended to and shall refer and apply to said Report, or any. portion thereof, as amended, modified, revised or corrected bJ> or pursuant to and in· accordance with any reso~ution or order; if any, heretofore duly adopted or made by this council. - • • * • * • * * * * • • 6 • • • I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the Council or the City of Palo Alto, California, at a meeting thereof held on the 24th day of _.January following vote of the members thereof: , 1977, by the AYES, and in favor thereof, Counc:'-lmembers: Beahrs, Berwald, Carey, Clay, Comstock, Eyerly, Horton, Sher, Witherspoon NOES, Councilmembers: None ABSENT, Councilmembers: None I .. City City of Palo Alto APPROVED: . APPROVED: