HomeMy WebLinkAboutRESO 3308KWHW:KIJ:mh 12-u-00-10 1
RESOLUTION NO . 3308
A RESOLUTION DETERMINING CONVENIENCE AND NECESSITY,
ADOPTING ENGINEER'S REPORT, CONFIRMING ASSESSMENT
AND ORDERING WORK AND ACQUISITIONS
SAN ANTONIO AVENUE
PROJECT NO . 59-4
RESOLVED, by the Council of the City of Palo Alto, C alifornia,
that
WHEREAS, on the 2btn day of September, 1960, said Co uncil
adopted its Resolution No. 3276 of Preli min ary Determi nation a nd
of Intentio n that the public interest, convenienoe and n ecessity
requ ired ,an d that it in ten ded to order certain acq uisitio ns and
improvements therein particular ly described, and referred the
pr oposed acqu isitions and improvements to the City Engi neer of
said City, he being the officer having charge and cont rol of the
constructio n of public improvements in and for said City of the
kin d described in said Resolution, and being a competent pe rson
employed by sa id City for tha t pu rpose;
WHEREAS, said Cou ncil the re by directed sa id City Enginee r to
make and file with the Clerk of said City a repor t in wr iting, i:;
accor dance with an d pu rsuant to Ar ticle 4 of Cha pter 5 of 0r dinanc4
No. 1928, The Palo Alto Improve men t Procedur e Code, adopted by
said Council on Apr il 11, 1960;
WHEREAS, sa id report w as duly made and filed with the Clerk,
whereupon the Cler k presen ted it to said Co uncil for con sideration#
WHEREAS, said Council thereupon duly considered said repo rt
and each and ev ery part thereo f, and foun d that it contain ed a ll
the matters and things ca lled fo r by the provisions of said Co de,
including (1) ma ps and descr iption s of lands an d easements to be
acqu ired, (2) pla ns an d specifica tions of the pr oposed impr ov e-
ments, (3) estimate of costs, (4) dia gram of district, a nd (5) an
assessment accor ding to benefits, all of wh ic h wa s done in the
form and manner requ ired by said Code;
WHEREAS, said Co uncil fou nd that sa id r eport and ea ch an d
every pa rt ther eof w as sufficient in ev ery particular an d
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determined th at it should stand as the r eport for all subsequent
proceedings unde r said Code and Resolution of Prelimin ary Deter-
mination and of Inte ntion, whe reupon said Council, p ursu ant to the
re quirements of said Code, appointed Mo nday, the 14th d ay of
November , 1960, at the hour of 7:30 o'clock P .M. of said day in
the Council Chambers, City Hall, Palo Alto, California, as th e
time and ,place for hearing protests in relation tomid proposed
a cquisitions an d improvements, and di rected the Clerk of s aid City
to give notice of sa id hearing as required by s aid Code;
WHEREAS, it a ppear s that notices of said hea ri ng were duly
and regula rly posted and pu blished in the time, f orm and ma nne r
requir ed by said Code, as evidenced by the affida vits on file with
said Cler k, w hereupon said hear ing was duly and regula rly held at
the time and place adv ertised in said notices;
WH2REAE, persons in ter ested, objecting to said a cquisitions
and improvements, or to the extent of the assessment district, or
to the proposed assessmen t or dia gram or to the maps and descrip-
tions, or to tae gra des at w hich said work will be do ne, or the
Engineer's estimate of the costs and ex pen ses thereof, filed
written protests with the Clerk, of said City at or before the time
set for hea ring, and all persons inter ested desirin g to be heard
were giv en an o ppor tunity to be hear d, all matters and things per-
taining to said acquisition s and improv ements were fully he ar d and
considered by said Council, and ora l and documentary evidence go-
in g to the question of whether the pu blic inter est,, conv enience an
necessity requ ire the pr oposed acquisition s an d impro vements, and
on the question of bene fits fr om the pr oposed acquisitions an d
improveme nts to the pro per ty proposed to be included within the
boundaries of the assessme nt district and to be a ssessed to pay
the costs a nd expenses of said acqu isitio ns and improvements was
duly prese nted to and considered by said Cou ncil;
NOW, THEREFORE, said Council does hereby FIND, DETERMINE and
ORDER, as follows:
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1. Th at the owners of o ne-half of th e area of the property
to be assessed fo r the cost of said project did not, at or p rio r t1
the time fixed for said hea ring, file writte n p rotests against the
said acquisitions and imp roveme nts, or as to the E ngi nee r's esti-
mate of costs and expenses of said p roject, or agai nst the maps ant
descr iptions,, or against the g rades at which s aid work is p rovided
to be done, or against the dia gram and assessment to p ay the C osta
an d expenses thereof.
2. That an y a nd all prot ests made eith er to the q uesti on of
the public interest, convenience a nd necessity of maki ng said
a cquisitions an d improvemen ts under said Resolution of P reliminary
Determination an d of Intention , or to said p rop osed acq uisitions
and improvements, or the grades to which acid wo rk is prop os ed to
be don e, or the extent of the assessment district, or the maps and
descr iptions, or the amoun ts of the several assessments, and all
persons desiring to be heard in relation to an y of said matte rs,
wheth er as protestan ts or otherwise , ha ve been fully heard and
consider ed, an d a re hereby overruled.
3. That the pu blic interest, convenience a nd n ecessity
r equire the a cquisitions and improvements in the manner pro po sed,
and Division 4 of the Str eets and Highways Code sha ll not apply.
4. That the distr ict benefited by said acquisitio ns an d
improvements an d to be assessed to pay that portio n of the costs
a nd expen ses ther eof n ot contributed by the City, and the exter io r
boun da ries thereof, is the district descr ibe d in said Resolution
of Pr eliminary Dete rmination and of In tention .
5. That the En gineer's estima te of the itemized and tota l
co sts a nd ex penses of sa id acquisition s and impr ov ements, a nd of
the incidenta l ex pen ses in connection there with, con ta ined in said
report, as modified, be, an d it is her eby, finally adopted and ap-
proved as the Engineer's total and detailed e stimate of the co sta
a nd ex penses of said acqu isitions and impr ovements.
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6. That the pla ns and specificati ons for the proposed im-
provements, c ontai ned en said report, be, and they are hereby,
finally ado pted a nd approved as the pl ans and specificatio ns to
w hich said work shall be do ne as called fo r in said R esolutio n of
Preliminary Determi natio n and of Intention, except that p roceed-
ings for modification of the st reet lighting facilities shall be
under taken, and openings in the ce nte r island at Byron Street
and at about Station 13+ oft shall be pro vided .
7. That the maps and desc riptions of the la nds and ease-
ments to be acquired, as contained in said report, be, and the
same are hereby, appro ved an d confirmed.
6. Tna t the public interest, convenie nce and nece ssity
require, an d said Council does hereby order the acq uisitions a nd
improvements to be ma de as descr ibed in and in acco rd ance with
sa id Resolution of Pre limina ry Determina tion and of Intention on
file in th e office of the Q.erk of said City, reference to which
is her eby made for a more pa rticular description of said a cquisi-
tions and impr ov ements a nd for further particulars, pursuant to
the pr ovisions of said Code, with the exceptions an d modificatio ns
he rein set for th.
9. Tha t the diagra m sho wing the aasesamen t district re-
feer ed to and described in said Resolu tion of Preliminar y DeternU.n -
atio n and of Intention, an d also the boun daries and dime nsion :; of
tee r espective subdivisions of lan d within sa id district as the
same existed at the time of the passage of sa id Resolu tion, each
of which subdivisions hav ing been giv en a sepa rate number upon said
diagram, as con tain ed in said report, be , and it is her eby, fina lly
appro ved an d con firm ed as the diagram of the properties to be
assessed to pay the cos ts an d expen ses of said acqu isitions an d
improvements.
10. Tha t the total amoun t of the City's oo ntribu tion to the
co ots and e xpenses of said a cqu isitions a nd impro vements is hereby
fixed at e2L7,733, plus the co st of street lighting fa cilities
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at th e intersection of S an A ntonio Avenu e a nd Middlefield Road and
San Antonio Avenue and Charlesto n Road, which am ount shall be ap-
plied in f ull pay me nt of the cost of co nstructio n of that portio n
of said improveme nts sho wn in blu e on that set of the "I mprovement
Plans No. 59-4" which shows the breakdown of said cost between the
City and the properties in the ass essment dist rict by col or chart
on file in the office of the City Enginee r, to the c ost of said
intersection str eet lighti ng, and to the cost of acquisition of
r ights of w ay in e xcess of 90 feet in width, as shown on the com-
putation of "Acquisition Assessme nt s", consisti ng of 7 sh eets, on
file in the office of the City Engineer.
11. Tha t the r esidential -zon ed prope rty on the northwesterly
side of said acquisitions an d improvements, between ab out Stations
6+4J and 23+32, an d at the southwesterly corner of Byron St reet an111
San An to nio Avenu e, having pr ovided all requ ired street improve-
ments n ecessary for its beneficial use to City residential st and-
ar ds, will not be ben efited by the proposed a cqu isitions a nd im-
pr ovemen ts and shall be omitted from said assessme nt district .
12. Tha t the property on the westerly side of San An tonio
Av enue norther ly. of Station 54+98, not ha ving legal access to said
acquisitions a nd im provemen ts, will not be benefited ther eby
(except as to street lightin g facilitie s, as to which findings
ar e defer red pendin g hea ring on chan ges and :modifications to be
her ea fter held) a nd shall be omitte d fr om said assessmen t district
except as to possible street lighting benefits to be hereafter
determined.
13. That the m inimum street requirements for adequ ate ser-
vicing of local indu strially and commercially zoned proper ties
fron ting on the pr oposed acquisitions an d improvemen ts a re two
tw elve -foot (12') driv ing lan es an d on e e ight -foo t (8'),pa rkin g
lane on ea ch side, a nd that the street w idths in e xcess of said
widths provide gener al benefits to a nd ar e therefore contr ibute d
by the City.
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14 . That the assessment of that portio n of the c oots and
expenses of the proposed acq uisitions and impro veme nts not c ontribe
ute d by the City upon the several subdivisions of land in said
district in proportion to the esti mated be nefits to be received by
said subdivisions, r espectively, fro m s aid acquisitions and im-
provements, and of the e xpenses i ncidental the reto, as contained
in sa id repor t, as modified, be, and the s ame is her eby, finally
approved and confirmed as the ass essment to pay a portion of the
coats and expenses of sa id acquisitio ns and improv ements .
15. Tha t the Engineer's report, as modified, be, a nd the
same is her eby, finally co nfirmed and appro ved as a whole .
16. That the Clerk of sa id City shall f orthwith deli ver to
the Superinte ndent of Str eets of s aid City the said asse ssment, as
modifie d,, to gether with said dia gram thereto attached and m ade a
part thereof as confirmed by this Council, with her certificat e of
such con fir mation thereto attached and of the date there of; and
that said Superinten de nt of Streets shall reco rd said diagram and
assessmen t in his office in a suitable book to be ke pt for that
purpose, and append thereto his certificate of the date of such
recor ding, and such r ecor dation shall be and co nstitu te the assess-
men t roll herein.
17. Tha t said Superintendent of Stree ts, upon the recor ding
of said dia gra m and assessment, sha ll mail to each owner of rea l
property within the a ssessment district at his last known addr ess
as name appe ars on the ta x rolls of the City or on file in the
office of the Clerk of sa id City, or to both a ddresses if said ad-
dress is not the same, or to gen eral de livery when no a ddr ess eo
appears, a statemen t con ta ining a designation by stree t nu mbe r or
other description of the property a ssessed sufficien t to enable
the owner to identify the same, the amount of the assessmen t, the
date of the r ecor dation of said assessment, the time and place of
payment thereof, the effect of fa ilure to pay within such time,
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and a statement of the fact that bonds will be issued on unpaid
assessments purs uant to Bond Pl an B, A rticle 3, Chapte r Li of said I
Code, the last installment of such bo nds sh all mature not to
ex ceed nine (9) year from the second day of J uly next succeeding
ten months from their date.
16. That said Superi nte ndent of Streets shall also cause
Notice to Pay Assessments to be p ublished in t wo (2) suocesaive
issu es of the Palo Alto Times, a newspaper p ublished and circu-
lated in said City, that said assess me nt has bee n recorded, and
that all su ms assessed thereon are due and p ayable immediately,
a nd that the paymen t of said sums is to be made within thirty (30)
days after the date of reco rding sa id assessment, which date shall!
be state d in said n otice, a nd of the fa ct that bonds will be iss ued
upon u npaid assessments as above provided.
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�F *
T hereby certify that the foregoin g is a full, true and
cor rect co py of a r eso lution duly passed and a dopted by the City
Council of the City of Palo Alto, Californ ia, at a meeting there of
held on the 12th day of December, 1960, by the following vote of
the member;: ther eof:
AYES, and in fav or ther eof, Councilm en:
Ball, Bisho p, Byxbee , Davis, Ev ans, Giffin, Ha ight, Ma rshall,
Mitchell, Navis , Porter, R odgers, Stephens, Woodward, Zweng.
NOES, Councilmen: Non e.
ABSENT, Councilm en: None.
City —;Terk of the City of Pd10 Alto