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HomeMy WebLinkAboutRESO 5371that WJML:KI~:v 3/14/77-60c ORiGlt~~L RESOLUTION NO. 5371 A RESOLUTION OVERRULING PRO'.rES'l'S ANO ORDERING FORMATION OF THE CALIFORNIA AVENUE AREA OFF- STREET PARKING MAINTENANCE DISTRICT RESOLVED, by the council of the City of Palo Alto, California, WHERBAS, pursuant to Section 13.12.0SO(c) and Chapter 13.16 of the Palo Alto Municipal Code, the Council of said City did on the 14th day of February, 1977, adopt its Resolution of Intention No. 5353 to form the Ci'lifornia Avenue Area Offstreet Parking Maintenance District in said City, for the purpose of p~oviding within and for said lands, hereinafter particularly deEcribed, maintenance and operation of improvements hereinafter referred to, and to assess the costs thereof upon the properties benefited by said maintenance ~nd operation, which was to be designated as wcalifornia Avenue Area Offstreet Parking Maintenance Districtw; WHEREAS, said Council did declare in said resolution its intention to order that the expense of maintaining and operating all offstreet parking places of the City within said proposed district, including all walkways, crosswalks, fences, safety zones, platforms, steps, stairways, fountains, signs, park and parkways, retaining walls, and embankments, and all structures or other faci- lities necessary for park and parkway purposes, drainage facilities, poles, posts, wires, pipes, conduits, tunnels, lamp~ and other suit- able or necessary appliances for the purpose of lighting streets, places or public ways: water mains and sprinkler systems, and orna- mental -planting, including lawns, shrubs and trees; all as now existing or hereafter to be constructed in or for said maint~:nance district, and of benefit to said maintenance district, but not to the City of Palo Alto as a whole; including the cost of necessary repairs, replacements, fuel, power, electric current, care, ~uper- vision, and any and all other items necessary for the proper ·.e • maintenance and operation thereof, shall be assessed upon the real property lying within said off~tr«:'t.•t parkin~1 m.Jintt.•nc.tnct.' diHlt'lt..·t above described, which district said Council determined would be the district benefited by the maintenance and operation of said improvements; WHEREAS, notice of the adoption of said resolution was duly published and notices of its pas·;age were duly posted and mailed for the time and in the form and manner provided by law, all as more particularly appears from the certificates or affidavits thereof on file in the office of the City Clerk; whereupon the hearing upon the formation of said maintenance district was duly and regularly held at the time and place a.dvertised in said notices; and WHEREAS, zero persons interested, objecting to the formation of said maintenance district in accordance with said _ r~s9lution of intention, filed written protests with the Clerk of said City at or before the time set for said hearing, and all per- sons interested desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to the formati~n thereof were fully heard and considered by said Coun~il; NOW, THEREFORE, IT IS HERE;~Y ~ROERED as follows: 1. That all written protests and other written conununica- tions were publicly read at said hearing and all persons desiring to be heard were frilly heard, and that all protests be, and each of them are hereby, overruled. 2. That the public interest and convenience require the formation of a maintenance district, which dist:i~t is hereby formed for the maintenance and operation of all walkways, cross- walks, fences, safety zones, platforms, steps, stairwe.}'S, fountains, signs, park and parkways, retaining walls, and embankments, and all structures or other facilities necessary for park and parkway pur- poses, drainage facilities, poles, posts, wires, pipes, conduits, tunnels, lamps and other suitable or nece~sary appliances for the -2- ·. e • purpose of lighting streets, places or public ways: water mains and sprinkler systems, and ornamental planting, in~luding lawns, shrubs and treesi all as now existing or hereafter to be constructed in or for said maintenance district, and of benefit to said mainten- ance district, but not to the City of Palo Alto as a whole, which ctistrict se-id Council hereby determines will be the district bene- fited by the maintenance and operation of said improvement3. 3. That said district be and it is hereby designated as "California Avenue Area Offstreet Parking Maintenance District• by which name it shall hereafter be referred to in all subsequent pro- ceedings, including proceedings for the levy and collection of assessments. 4. Said annual offstreet parking maintenance assessments shall be levied against all taxable real property within the boun- daries of said district in accordance with the ordinance formula set forth in Section 13.16.150 (Bond Plan G -Vehicle Offstreet Parking Bonds) of Chapter 13.16 of Title 13 of the Palo Alto Munici- pal Code; said assessments shall be levied at a rate per adjusted square footage of floor areas of nonresi~ential ~tructures (other than those completely vacant on the lien date) sufficient to pay all costs, as set forth in Section 4, of maintenance of said im- provements as determined by the annual budget for said district to be approved by t.~is Council1 provided, that such rate of assessment shall in no event exceed $.06 per adjusted square foot. Said special assessment tax shall be levied and collected at the same time and in the same manner as the general tax le"JY for City pur- poses and when collected be paid into the City Treasury to the credi "C - of the fund of the maintenance district and be used for the payment of the expenses of such district. s. That the district and the boundaries thereof benefited and to be assessed for the maintenance and operation of the improve- ments so described, are situate in the City of Palo Alto, County of -3- . . • • Santa Clara, State of California, and are more particularly described in Exhibit "A" attached hereto and by reference incorporated herein. 6. That the proceedings for the formation of said district were taken and said district formed pursuant to Section 13.12.0SO(c) and Chapter 13.16 of the Palo Alto Municipal Code. * * * * * * * * * * * I hereby certify that the foregoing is a full, true and correct co~y of a resolution duly passed and adopted by the Council of the City of Palo AlLo, California, at a meeting thereof held on the 21st day of March , 1977, by the following vote ~~~~----~------- of the members thereo~: AYES, and in favor thereof, Councilme1nbers: Beahrs. Berwald, Carey, Comstock, Eyerly, Witherspoon NOES, Councilmembers: ~one ABSTAIN, Counc ilmembers: Norton ABSENT, Councilmembers: Sher Palo A to APPROVED: APPROVED: -4- . . • • BOUNI>Aal.ES OF CALff~IUllA AVENVE AUA PAJlKINC MAINTENANCE DISTIICT Beglnning at a point on the _northeasterly llr.e of El Camino Real, ••ld point being 120.0 feet southeasterly from the point of intersection thereof with the aoutheaster~y line of She~n Avenue; thence ~~aving sald northeasterly line northeasterly, parallel to Sherman Avenue 435.63 feet; thence northwesterly, parallel to 1aid northeasterly line of El c .. tno Real, 25.00 feet; thence northeasterly, parallel to Sherman Avenue, 146.00 feet to • point in the ceQterline of Aah Street; thence soucheaaterly, along aaid centerline, 19.00 feet; thence northeasterly, parallel to said Sherman Avenue, 377.42 feet to a point tu the centerline of Birch Street; thence southeasterly. along sald last 11&111ed centerline 6.00 feet; thence northeasterly, parallel to Sherman Avenue, 426.57 feet to a point in the centerline of Park Boulevard; thence northweaterly along said la~t naiaed centerline 150.00 feet to the intersection. thereof with the centerline of ,, Shel"Nll Avenuei thenc:e aor,..~easterly along •aid l••t aaaed centerline 125 feet± to the point of intersection thereof with the aouthwest•rly right-of-way line of the Southern Pacific Railroad; thence northwe•terly along ••id las: ~d right-of-way line 353 ± feet to a point in the centerline of California Avenue; thence northeaateriy along aaid last named centerliue 75 feet± to the point of i.o.tereection thereof with the centerline of Park Boule•ard; thence northwe•terly along said last named centerline SOO feet± to a point on• line vbich i• parallel to and distant 135.71 feet nortbwe1terly froa. meanred at right angles to, the northwesterly line of Cllllbridge Avenue; thence •outbwe1terly, parallel to Cembridge A~wenue 167.79 feet; thence eouthea•te1:ly at right ogles 35. 71 feet; thence southwe•terly, parallel to C.-brtdge Avenue, 1157.30 feet; thence northwesterly, at right angle• 134.0S feet to a point on the southeasterly U.ne of College Avenue; thence southveaterly, along aald l••t na11ed llne, 245 feet ±. to the point of tnteraec tiou t:Jereof .,,1th the northeasterly Uae of El C•ino Keal; thence aoutbea•t•rly along said northeasterly line 1093 feet ::!:. to the pol.at of bealmd.q. EXHIBIT "A"