HomeMy WebLinkAboutRESO 978~
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R E S 0 L U T l 0 N N 0• 978
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RESOLUTION RESCINDING THE APPROVAL OF THE DIAGRAM AND
ASSESSMENT FUR WIDENING CAMBRIOO:l AVE:troE:
The Council of the City of Palo Alto 00 RESOLVE
as 1'ollows:
\'VHEREAS, t'1is Council, by Resolution Bo. 971,
approved the diagram made 'b1 the C1 ty Engineer and the
assessment made by the Street Superintendent tor the
widening of Cambridge Avenue under ita Ordinance of
Intention No. 391; and
\\'HEREAS, the Street Superin·telldent has advised this
Council or certain defects in the diagram and in the
assessments m~de to pay the cost of the work, among which
are the following, to-wit:
{ 1) The cost of the printing of the bondlS has not
been 1noluded 1n the 1no1dental costs.
(2) Assessment #65 has been designated, both on
the diagr~ and on the assessment as Lot 1, Paul SU2~vey,
Whereas 1 t shoUld have been designated as Lot 2, PauJ.
Survey.
lWW, THEREFORE, this Couno11 finds in its opinion
the asaenament is invalid and that a new assessment to pay
the coat of the improvement is necessary.
IT IS HEREBY ORDERED that the previous resolutions
approving the diagram and assessment be set aside, that
the diagram 'be corrected by the City Engineer in the
particulars in wh1Qh said diag~am is defective and a now
asse3sment be made and. levied on property within the
assessment district as described in the Ordinance or
Intention, and that all necessary steps for this purpose
be ms.de and trucen in the manner and form and as provided
by Section 26A o£ the Street Opening Act or 1903, as amended,
provided however the total amount of the reassessment shall
not exceed the total amount of the orlglaal aaaeuamont,
with the e~copt1on of the incidental expenses omitted in
the original assessments.
Such reassessment so made shall become a charge
upon the property upon which the same is levied, notwith-
standing any omission, failure or neglect or any officer,
body or person to comply with the provisions or thi8
Statute and notwithstand1#g the tact that the proceedings
ot the &1 ty Council, Board or Public Works or sny officer
of the City or other person oorulected witll said
proceedings, may have been irregulur, ill(lg.eJ., in.forroal
or defective, or not in full conformity with the
requirements or this Statute.
IT IS ORDERED that the City EngineE•r correct the
d1a.gram and present the same to this Council for 1 ts
approval, and that a.f'ter said approval the Street
Supertntendent proceed to reassess and re-levy auch
assessments, the sP,d assessments as. reassessed and re-lev1ed
to have t~e same force and effect as an original levy.
Upon the completion of the reassessment it shall be
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presented to the City Co~c11 and a day or hearing shall
be fixed by it, which shall 'be at least twenty ( 20) days
after the filing or the reassessment.
The City Clerk 1s directed to publish a notice 1n the Palo Alto News, a weekly new~per, by t\ro ( 2)
insertions stating the fact that the reassessment has
been filed with him and that objections will be heard
at the time specified by the City Council. At the time
so .:fL"'ted all ob,1eotiona will be heard by the Council
as provided by Section 26A of said Street Opening Act
of 1903, as amended.
The above and foregoing Resolution wns duly
and regularly passed by the Council or the City o! Palo
Al'to at its regular meeting held April 13, 1931, by
the tollowing vote:
AYES: Bertsche, Cathcart, Chr1stensen~l~bart, Johnson, Judson, Kelly, Mosher, Thoits, ~nomas,
Mrs. Thomas, Wood •
NOES: None.
ABSEJ..TT: Miss Baugh , Lausten., Mitchell.
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