HomeMy WebLinkAboutRESO 5488v .. 0229A-17a ~WJllL1KIJ:ahw 11/29/77
ORIGINAL
RESOLUTION Nli. 5488
A RESOLUTION ANO ORDBR ADOPTING BRGINBBJi .. • S REPORT,
CONFIRMING THE ASSESSMENT ARD ORDBRING TBB WOU
AND ACQUISITIONS
UNDERGROUND IJTILITIES CONVERSION
URDBRGROURD UTILITY DISTRICT MO •. 19
RBSOLVBD, by the Council of the City of Palo Alto, Santa Clara
County, California, that
'IJIBRBAS, on the 25th day of October, 197?, said Council
· adopted ita Resolution no. 5472 of Preliminary l>eter9inat!on and of
Intention to acquire and construct public iaproveaents in said City,
and referred the proposed acquisitions and .iaproveaenta to the City
Bngineer of said City, be being the officer having charge and
control of the construction of improveaents in and for aald City of
the kind described in said Resolution of Preliainary Deteraination
and of Intention and being a COJ1Petent person appointed by said City
for that purpose,
WllZRBAS, said Council tber~by directed said Clty Bngineer to
aake and file with the City Clerk of said City a report in writing
in accord~~• with ana pursuant to the Palo Alto Municipal Code --
(analogous to the Mtt~i9ipal Improvement Act of 1913)r
' -. .
1fllBRBAS, said repo~t waa duly made and filed with the City
Clerk of said Cit7, whereupon said Clf"rk presented it to the coaftcll : ..
for consideration1
WBBJtBAS., said Council thereupon duly considered said report -~•-=il e.~_ch cu"ld every part tbe?:eof and found that it contained all tbe
aatters and things called for by the provisions of said Code,
·. including (1) aaps and descriptions of lands and eaaeaents to be
acquired: (1) plans and specifications of the proposed impro•e11enta;
(2) eatiaat:e of costsr (3) diag~aa of districtJ and (4) an
asse~~aent according to benefits, all of which vaa done in the for• and. aanner required by said Code·J
WllJDtBAS, said council found that said report and each ar.~
every part therecf was auff iclent in every particular and deterained
that it should stand as the r•port for all subsequent proceedings
under aa~d C.ode, whereupon said council, pursuant to the
requirements of aaid Code, appointed Monday, the Sth day of
December, 1977, at the hour of 7:30 o'clock P. M. of said clay in the
Council Chutbers, Ci~ic Center, 250 Baailton Avenue, Pa.lo Alto,
California, as the tiae and place for bea~ing proteata in relation ·
to said proposed acquisitions and i11prove1Mntsr and directing the
City Clerk ~f said City to give notice of said bearing aa required by said Codes
WBBJtBAS, it appears that notlces"of uaid bearing were duly and
regularly poated, aalled and published in the tiae, fora and aanner .
required by said Code, aa evidenced by the certif ic•~•• and
affidavit• on file with aaid City Clerk, whereupon ••id bearing was
duly and regularly held at the ti .. and place •tated in •aid notice, and
·•·
WBBRBAS, O persona interested, objecting toaaid
acquisitions and'"'i""mprovements, or to the extent of the aaaeaaaent
district, or to the p£oposed as3essaent or diagraa or to the aaps
and descriptions or to the grade& at which said work will be done,
or to the Bngineer's esti•ate of the costs and expenses thereof,
filed written protests with the City Clerk of said City at o~ before
the time set for hearing, and all persona interested desiring to be
heard were given an opportunity to be heard, and all aatters and
things pertaining to said acquiait~ona and improvements were fully
heard and considered by said couneil and were overruled, and said
Council boa a~quired jurisdiction to o~d•r said acquiaicions and
improveaents and the conf ir•ation of said diagrm1 and assesaaent to
pay the coats ~nd expenses thereof. -
NOW, TRBRBPORB, said Council does hereby FIND, DB'l'BRMINB and
ORnBR, 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 tiae fixed for
said hearing file written protests a9ainst the aaid propc)aed
acquisitions and i11Proveaents as a whole, or against the said
district or the extent thereof to be assesaed for the coats and expenses of said acquisitions and improveaents aa a whole, or as to
the Bngineer•s esti•ate of said coats and expenses or against the
maps and descriptions, o~ against the diagraa or assesaacnt to pay
for the costs and ezpens~s thereof.
2. That any and all protests made either to said proposed
acquisitions and iaproveaente, or the grades at which said work is
proposed to be done, or the extent of the aaseaaaent district, or
the aaounts of the seve1al asaessaents, or the aaps and
descriptions, and all pe~sons desiring to be beard in relation to
any of said aatters, whether aa protaatants or otherwise, have been
fully he•rd and considered, and have been overruled.
I ' ··-. " !
3. That the district benefited by said acquisitions and
improveaents and to be assessed. to· pay the costs and ezpenaea
thereof, and the exterior ~Qndariea thereof are more particularly
Ch!acE ibed in said Resolution -oi--~eliainary Deteraination and of .
Intention and aade a part hereof by refeI"ei~e thereto. That any
publicly owned operative property within the aaaeaa.ent district
shall have certif icatea of serial bonds to represent the unpaid
asaeaB11ents against.publicly owned property in use in the
perforaance of a ~ublic functi0n issued pursuant to Section ~4~7 or
Chapter 4.5 (o::acencing witb Section 6468), Part 5, Division 7 of
the Streets and Highways Code of the State of California, the
Iaproveaent Act of 1911. , .
4. ~hat the plans and specifications for the pr0pose4
improveaenta, contained in said. report, be, and tbey are hereby,
f lnally adopted and approved as the plans and apecif lcationa to
which said work shall be done aa called for in said Resolution of
PreliainaryDeten1in~tion and of Intenti~n.
5. That the Bngineer•a eatiaate of tbe itealsed and total
coats and expenses of said acquisitions and l11Proveaenta, and of the
-----lncidc.ntal-expenses in connection therew:: ;..b; contained in aald ,
teport, be, and it ia hereby, finally adopted and approved •• the.
Bngineer•a.total and d•tall~-••tipte of the coata and •xten••• Of .-..., said acquisitions and i11Prov ... nts.
2
6. That the maps and description• of the land• and easement•
to be acquired, as contained in said report, be, and the •••• are hereby, finally approved and confiraed.
7. That the public interest •nd convenience require, and said
Council does hereby order the acquisitions and iaproYeaents to be
made as described in and in accordance wi~h said Re1olut!on of
Preliminary Determination and of Intention on file in the off ice of
the City Clerk of satd-City, reference t' whlch is hereby aade for a
more particular description of said acquisitions and improvements,
and also for further particulars pursuant to the provisions of saia Palo Al to Municipal Cade. ·.
8. That the d!agraa shC>Wing the assessment district referred
to.and described in said Resolution of Preliminary Deterainatlon and
of Intent!on, and also the boundaries and dimensions of the
rP.spective subdivisions of land within said district as the saae
existed at the tiae of th~ passage of aai4 Resolution of Prellain•ry
Deteraination and of Intention, et.tch of which autdlviaiona having
been give~ a separate nUJlber upon said diagram, as contained in said
report, be, and it is hereby, finally approved and-confirmed as the
diagram of th~ properties to be assessed to pay the coats and
expenses of said acquisitions and iap~ovements.
9. That the assessment of the total amount of tbe costs and
exper;aea of the proposed acquisitions and i-s>roveaent• upon the
several aubdivisiona of land in said district in proportion to the
estiaated benefits to be received by said s~bdiviaiona,
respectively, frOll said acqui-itions and iaproveaenta, and of the
expenses incidental thereto, contained in said report, be, an4 the
saae is nereby f inall7 approved and confiraed as the aasesaaent to
pay the costs and ext>enses of said acquisitions and improveaenta.
10. That said Bngineer•s Report be, and the saue is hereby,
f iaally adopted and approved as a whole.
11. That the City Clerk shall forthwith deliver to the .
Superint•ndent of Streets the said assessaent, toge~her with suid
diagram thereto attached and aade a part thereof, aa confiZ11ed by
this Council, with her certificate of such confir•ation thereto
attached .and of the date : ti1-ereof J and that said superintendent of
Streets shall record said diagraa and asse&sment in bis off ice in a
suitable book to be kept for that purpose, and append thereto bis
certificate of the date of such recor4irag, and such r9'.."'"0rdation
shall be and constitute the assessment roll herein.
12. tt'hat the C~llection Officer, upon the recording of said .
diagram and aaseasaent, shall cause to be mailed to each owner of
real property within the assesaaent district at his last known
address as the saae appears on the tax rolls of the City or on file
in the offic·e of the City Clerk of said City, or to both addresses
if said address is not the saae, or to the general delive=y when no address so appears, a stateaent containing a designation by street
nuaber or other description of the property aaseased sufficient to
enable the owner to identify the saae, tbe aaowit of the aaseaaaent,
the date of recordation of the asaesaent, tbe-0tiae and place of
payaent thereof and th~ effect of !allure to_pay within •ucb tiae,
together vi th a stateaent of the fact t.hat bonds will be issued on the unpaid aaeeasaen~s purs!!!!nt to Bond Plan a of aaid Kunl~ipal
Code.
13. '?bat said Collection Office( shall alst') cause 1'otice to
Pay Aasesaaents to b9 published in th~ Palo A.Lt.a Tiaea, a newaspaper
published. and circul~j:ed in Palo Alto, that »aid ••••••aent ha• been recor~ed and that al't. iiiiiaa ••••••ed thereon .are due and payable
3
••
illllllediately and that the payment of said sums ls to be aade within
thirty (30) days aftor the date of recording said asses .. ent, which
aate shall be stated in said notice, the effect of th·e 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 one~ a week for two successive weeks with
at least five days intervening between the respective publication
dates, not counting such publication dates.
-l~. That final adoption and approval of the Engineer's Report
as a whole, and of the plans and specifications, estimate of the
costs and expenses, maps and descriptions of the l~nds and easements
to be acquired, the diagram and the assessment, as contained in said
Report, as hereinabove determined and ordered, is intended to and
shall refer and apply to sald Report, or any portion th~reof, as
amended, modified, revised or corrected by, or pursuant to and in
accordance with any resolution or order, if any, heretofore duly adopted.or •ade by thfs council.
* * *
I hereby certify that the foregoinq la a full, true and
c~rrect copy of a resolution duly passed and adopted by tbe Council
of the City of Palo Alto, California, at a aeeting thereof held on
the-· 5th day of December, 1977, by the following vote of the aellhers th6reof:
AYBS, and iii favor thereof, Councilaembers: Brenner, Carey, Clay,
Eyerly, Fazzino. Fletcher, Henderson, Sher. Witherspoon
HOBS,
ABSBlrl',
APPRoVBD:
council.me~rs: None
Counc i laeaber s: None
c
~u ... ~
Approved:
"/ ;,_; -------_,
•
to
---~----~--