HomeMy WebLinkAboutRESO 3190vWHW:KIJ:mh 1-5-60-10
RESOLUTION NO. 3190
A RESOLUTION OVERRULING P&OT,STS AND DETERMI NING TO
PROCEED WITHOUT COMPLI ANCE WITH INVESTIGATION ACT
BIRCH STREET
PROJECT 59-3
RESOLVED, by the Co uncil of th e City of Palo Alto, Calif ornia,
that
WHEREAS, on December 28, 1959, this C ou ncil adopted its Reso-
lution No. 3181 of Preliminary Dete rmination to make certain acqui.
sitiu ns and impr ovements more particul arly described therein and
did fix Mo nday, January 11, 1960, at the Council Chambers in the
City Hall, as the time an d pla ce when and whe re any and all pe r-
son s inter ested may a ppear and show cause, if any they ha ve, why
the Coun cil should not find and determ ine that the public c on ven-
ience and necessity require the acqu isitions and imp roveme nts
described and referr ed to in said resolu tion, without complianc e
with the Special Assessment Investigation , Limitation and Majority
Prote st Act of 1931;
WHEREAS, notice of the adoption of said pre liminary resolution
and of said time and place of he aring wa s giv en by the City Clerk
by publication and postin g for the time and in the mann er pr ovided
in sa id Resolutio n of Prelimin ary Determin atio n and Article 1 of
the Palo Alto Impr ov emen t Procedur e Code, as appears from affi-
da vits on file with the City Clerk;
WH R EAS, writte n objections to the underta king of
sa id proceedings without first complying with the pr ov isions of
said Inv estigation Act ha ve bee n. , filed with the City Clerk at or
before the time fixed for this hearing by persona in ter ested, own-
ing or hav ing an interest in real property within the propose d
a ssessment district, bearing their signature, a descr iptio n of
their proper ty, and a statemen t of the na tu re of their interest
therein ; and
WHEREAS, all persons in terested ha ve been given an opportunity
to be and were fully heard, an d said Council has duly considered
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any and all objections and protests made, and the said p roposed
acqulsitions;a nd improvements, and the public co nvenience and
lnecessity for making s ame.
Ill) NOW, THEREFORE, IT IS FOUND, DETERMINED and ORDERED , ar
follow s:
1. The public co nveni ence and necessity require the acq u.isi.
tion and improvements desc ribed in said Resolution of Prelimi nary
Determina tion.
2. Any and all objections and pr otests made pursu ant to s aid
Reso lution of Preliminary Determinati on are hereby, overr uled and
den ied.
3. The acquisition s an d improvements d escribed in said
resolution shall be made u nder an d pu rsuant to the provisions of
the Pa lo Alto Improv ement Pr ocedure Co de more particularly ref erred
to in said r esolution, a nd the Specia l Assessment Investigation,
Limitation and Major ity Protest Act of 1931 shall not apply to
said proceedin gs.
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1 her eby cer tify the foregoin g to be a tru e co py of resolution
a dopted by the council of the City of Palo Alto, Ca lifornia, at a
r egular meetin g thereof held on the . ltb. day of F,e"bauagy.1960, by
the fo llowing vote of the members thereof:
AYES, and in favor thereo f, Coun cilmen:
Ba ll, Byxbee , Davis, Eva ns, G iffin, Haight, Mitchell, N evis,
Porter, Ro dge rs, Woo dward, Zweng.
NOES, Coun cilmen: None.
ABSENT, Councilmen: Bishop, Marshall, Stephe ns.
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