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Home My WebLink AboutRESO 5502. ., '" ·0138A-lla e WJML: kIJ • •-~--10/31/77 that ORIGI i'4"9tL. RESOLUTIOH NO. . 5502 A RESOLUTION AND ORDBR ADO~TlNG ENGINBBR'S REPORT, CONFIRMING ASSBSSMm:T AND ORDBlUNG WOU AND ACCUISITIONS - SAND RILL ROAD (PORMBRLY WILLOW ROAD) PROJ:acT NO~ 74-65 RESOLVED, by the Council of the City of Palo Alto, California, WHEREAS, on the 21st day of March, 1977, said Council adopted its ResQlution of Preliminary Determination and of rnt6ntion No. !il70, that the public ~.nteEeat, co~venierice and necessity required ,snd that it intended to order certain aecr~isitions and iaproveaenta therein particularly desqribi!d, ahd referred the proposed acquisitions and iaproveaenta to the City Bngineer to ae.ke and f lle with the Clerk of this City a report i~ writing in accordance with and pursuant to the Municipal Improveaent Act of 19l.3r WBBRBAS, said report was duly aade and filed with the City Clerk, whereupon the Clerk presented it to this Council for considnrationJ .. WRBRBAS, said Council thereupon duly considerlrf' said report and each and every part thereof, and found that it c-~ntained all the aatters and things called for by tbe_proviaiona of said Act, including (1) aaps and description~ of lands and easements to be acquired, (2) plans and specifications of the proposed improveaenta1 (3) estiJlate of costRJ (4) dlagraa of diatricti and (5) an 11saea~ent according to benefits, all of which vaa done in the fora and aanner required by said Acti WBBRBAS, said Council found that. said report and eac:b and every part thereof waa auff lcient in every particular and deterained that it aboald stand a•, the report for all subsequent proceedings under aaid Act and eaid'Jteaolution of Preliainary Deteraination anj of Intention,-whereupon said council, pursuant to the requir..enta of aaict Act, appointed Monda~·, tbe "7tb day of NOveaber, 1977, at the ··'~ hour of 7: 30 p.a., of. said da,y in the council Challbera, Civic Center, 250 Baailton Avenue, Palo Alto, California, as the ti .. anu place for bearing protests in relation to said acquiaitlona and i11Provementa and directing the Clerk of aaid City to 9ive notice of aaid beariftCJ •• required by said Code1 WRBREAS, it appears that notices of eaid hearin9 were duly and regularly posted, aalled and publiahed"ln the tiae, fora and aanner required by aaid-Act, as evidenced by the certificat~s and affidavits on file with said Clerk, whereupon said bearing was duly and regularly held at the tiae and place advertised ln said notices, WR~, {>eraons intereated objecting to said acquialtiona ana lilproveaenta, or to the extent of th~ ae••••aent district, or to th• propo•ed aa•es .. ent or dlagraa, to the grade• at which aald work will be done, or the Bngineer 1 a eatiaate of the coats and expenaea thereof, or to the HPll and deacrlption•, filed written proteata vitb the Clerk of said Cicy at or before the tiae ••t for aaid hearing, and all persona interested, de~irlng to be heard were given an ->pportunity to bft heard and all"ilatt•r• and i •· \I ,_, ( things ~rtaining to said acquisitions .and iaprovementa were fully heard and considered by said Council, and were overruled and said Council has acquired jurisdiction to order said acquisitions and i11Provements and the eonfiraat1on of said Bngineer's Report1 NOW, TBERBPORE, said Council does hereby FIND, DETBRMINB and- ORDBR, as follows: 1. That the owners of one-half of the area of the property to be assessed for the cost of s~id project did not, at or prior to the tiae fixed for said hearing, file written protests against said acquisitions and improvements, or as to the Engineer's estimate of costs and ezpenses of said project, or against the grades at which said work la proposed to be done, or against the aaps &nd descriptions. 2. That any and all protests aade either to said proposed acqalsitions and improvements, or the grades at which said work is proposed to· be done, or the extent of .the assessment district, or. the maps and descriptions; and all persona desiring to be heard in relation to any of said aatters, whether aa protestants or otherwise, have been fully heard and ccmstdered, and have been. overruled. 3. · That t~e district benefited by said acquisitions and iaproveaents and to be assessed to pay the· costs and expense• thereof, and tbe exterior boundaries thereof are -.ore particuiarly described in said Resolution of Intention and aade a part hereof by refer•nce thereto. That all public streets and bighva7a within said aaaesaaent district in use in the perforaance of a public function as such shall be oaitted froa said district and froa the levy and collection of the special tazes to be l.jreafter levied and collected to cover the coats alld expenses of said acquisitions and improveacntaa '' 4. '.l'bat the plans and specifications for the pr6posed improveaents, contained in said report, be, and they are hereby, finally adopted and approved ~s the plans and specifications to which said work shall be done as called for in said Resolution of Intention .. s. That the Bngineer•s estimate of the itemized and total costs and expenses of said acquisitions and improveaents, and of the incidental expenses in connection therewith, con~ain&d in said raport, be, and it is hereby, finally adopted and approved •* the Bn9ineer~a total and detailed estimate of the <:est& and expenses of said acquisitions and iaprovementa. · 6. That the maps and descriptions of the lands and easeaenta to· be acqn~!'.;;ii-1,---as contained in said report, be, and tbe aaae are. hereby, U nally approved and conf lraed. - 7. That the public intere·st and convenience require, and said Council does hereby· order the acquieltiona and i11Pr~ ... nts to be ~ aade as descr ibet! in and in (.ccoreance with -said Re6olution of , . Prelialnary Determination and of Intention on f.ile in the oflice ~f the City Clerk of said City, reference t~ which i• hereby aade for a aore particular description of said acquiseions and iaproveaents, and •tao for fL~ther particulars pur·auant to the ·proviaions of said Municipal'Iaproveaent Act of 1913. 2 ,·. . I '·I I I - . ' 8. That the diagram showing the aaaeRament dl•trict ref~rred to and described ln said Resolution of Inte~tion, and also the boundaries and dimensions of -the respective aubdivisiot•S of land within said district as the same existed at the tiae of the paaaage of said R9solutlon of Preliminary Determination and of Intention, each of which subdivisions having been given a separate nm1ber upon said dlagraa, aa contained in s~id report, be, and it i• hereby, finally approved and conf irm~d as the diagram of the properties to be assessed to pay the costs and expenses of said acquisitions and iaproveaents. 9. ~hat the assessment of the total amount of the costs and expenses of the proposed acquisitions and improvements upon the several sub6ivisions of land in said district in proportion to the eatlaated benefits to be received by said subdivisions, respectively, from said acquisitions and improveaenta, and of the expenses incidental thereto, contained in said report, be, and the saae 1~ hereby finally approved and confiraed as the aaseaaaent to pay _the costs and e~naes of said acqu~sitions and improveaenta. 10. That said Bngineer'a Report be, and the -•ame is hereby, finally adopt~ and approved as a whole. 11. That the City Clerk shall forthwith deliver to the Superintendent of Streets the said asaessaent, together with said diagtaa thereto attached and •ade a part thereof, as confirlied by this Council, with her certificate of such confiraation thereto attached and of the date thereof; and that said Superintendent of Streets shall record said diagra and assea1111ent -in his off ice in a suitable book to be--kept for that purpose, and appen~ thereto hia certificate of tbe date of such recording, and such recordation shall be and constitut~ tbe assesaaent roll herein. -- 12. That the Collec~ion Officer, upon the recording of said diagram and assessment, shall cause to be mailed to each own~r of real property within the aasessaent district at his last known address as the saae·~ppears on the taz rolls of t~e City or on file in the office of the City Clerk \)f said C~ty, or to both addresses if said address is not the smae, ~r to tha general delivery when no , . address so appears, a stateaent containing a desigru.tion by street nuaber or other description of the property assessed sufficient to enable the owner to-identify the aaae, the amount of the assessment, the date of recordation of the assessment, the tiiae and place of payaent thereof and the effect of failure to pay within auch tiae, together with a atateaent of the fact that bonds .will be issued on the unpaid asaesaaenta pursuant to the Illprovement Bond Act of 1915. 13. That .said collection Officer ahall also cause 'Notice to Pay Aaaessaents to be published in the Palo Alto Tiaea~ a newspaper published and circulated in said City, that said aaaesmaent has been recorded and _that all sums assessed thereon are due and payable immediately and that the pa-yment Of said BU98 is to bf!· l!llade within thirty (30) days after the date of rec:crding ••id-aasessaent, which date shall be stated in said notice, 'the effeet of the failure to pay aaseasaents v1.lizln the 30 day period, and of the fact that bonds ~ill be issued upon unpaid aaseaS11enta as above proviaed. Said publication shall be aade once a week fot two succeaeive weeks with -~ least five days l~tervening between the respective publication dates, not counting auuh publication dates. _ 14. That final adoption ••id &pproval of the h9lneer' s Report as a vhole, and of the plans and apeclflcatlona, eatiaate of the co•t• anc!I expenses, ups and deacriptiou of the l•nda and easements . '; 3 • ·, •, • • to be acqulred, tht~ diagraa and the aaaeenent, as contain•d in •at~ Report, ae hereina'oove detc-rained and ordered, la intended to and shall refer and apply to said Report, or any portion thereof, •• aaended, aodified, revised or corrected by, or pursuant to and in accordance with any resolution or order, if any, heretofore duly adopted or aade by this Council. • * * . * * I hereby certify that the foregoing ia a full, ~rue 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 19th day of Decellber , 1977, by the follc:iwing vote Of the aeW>ira thereof 1 AYES, and in favor thereof, Counci laeabera: Clay, Byerly, Fazzino, Fletcher, Henderson MOBS, councilmeaber s: Brenner ABSBNT, Councilaellbers: MO'r PARTICIPATDE: Carey APPROVED: ·_ ~·t·J~_,,g,_,.. ,/ (1 ---__ __,, Vice yor .· ' --... '·. Approved: ~/ ~· .. ••"f..C. .~unsei • I·.' I~'·:. _. \· ... ·· 4