HomeMy WebLinkAboutRESO 3343KWHW:KIJsmh 2-6-61-10
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ADOPTING ENO 'S R$PORT OONP'XR3aNO A88ESt OODNT
PROJECT NO . 61-1
1V1800111a,; `br, the dele sei9l. oP-tha .f1ity of Pale Alto, California,
that :? f.
ilitIMAN, : nt the ••lath. ecy ea & :>9sssssorb ex!,. 126% :s a#4 Cotueoil
adopted 'its Res oluttemilesi.. 3327 of Prelimina ry . Det ermin ation and
of Intention, that Ow Pa la m eleuest ,' oonveni ene e mad necessity
required and that it -lofts» ded to -order ;certm1n acquisitions and
improvements •the rein ltos'r"tia *aar y described,. end rei'srred the p ro-
posed scquiettiteats':• mad impre m :wets: bo Us Oity ; i ivear. of s aid
City, he being the :officer ha min m=o han gemmd .. Ont . o,f the con-
str uotion. 'et public improvementsist au& fo r'said City of the l d.nd
descr ibes/ tie :said Resolution, -"and be +g :ac ooapetee►s person employed
by sa id City ,for tha t . purpose;
itfigitiiLi, said acu men thereby ,':directed sa id City Na gineer to
make a nd file with the •Clerk^'o f : sa id. City a -r eport in writing, in
accor dance w ith a nd pur suant ' to .Ar ticle 4 of :Ciaptes3` 5 of Or dina nce
No.. 1928, The Palo A1te:,>w emea t Proc edure Go ds , adapted by said
Council on ,.April 11, 1960;
WFDIGBAs,, sa id - repor ts wa s duly mode and file d with the Clerk,
whereupon the :Clerk presente d i1t to , tshis..4buncil for consideration;
begeggig, .sa id Cons eil the a#ewpet1 dw ;ly annasidered said, r eport
and **eh an d :every Pe r, thereo f,, end toned` that. it co ntain ed all
the matters and. things ,esalle d•.for:.tby dthe• •provtsiotae of said Code,
including (1;) -paps ta d.adescr iptione et lands ate: ea se me nts to be
acted, () plansand ' iapentPYussom mne o tomeV peeod improvements
(3) .estim ate, Of costs, 4.44 *La wns' lo t district,. • am & {f):. an a ssess -
nt aseordSmg •.tp •'benefiter aala a ob:te t, wee • draris tax' thetemss an d
nn er realairsd by sa id Cede;,
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mar
inalnell.in aiirPoutariretwerti thee Saitiq neptird aridonseMend
event part ' thereof' was sufficient in e ve ry partic ula r a nd
detereained''t * b :,it sierLd Ab end at thAr spert for all subsequ ent
prooee di.ugL,sender said O de e* d slid - Aaealusti oh of Prelimin ary
Daterm isaa tton, and ofAinteention;,. r ereupmn. said Co wneil, pursua nt
Ito :the . re rte , t eryrid. die, ' ppoiuted Pondep, the 13th d ay
ot':,peJ , ,a tie; hrsiemat' 7+ a$Q-Obl ock P.H. of s aid day
in tho 4oneoll ehem barn, P al e Alto, oel jt brnie, as the
rim and plaae .•tor hec tng,predoW ^x iattse.7. ation•to •said p roposed
ac quisition* and.impreve men ts, and di rected the Cl erk of said City
to give no tice et said bearturat required We ald Cede)
kB,' iha'appeseettheire etiieis et said hei rt ag. werAdmly
an d r egalaaly poste drAu dropub 4.ehed.: ina t e time, lbrm endibanne r
re qu ir ed by?aai&Codek.aa: alidenoed by°•the affid avits• on isle with
sa id Oierki wharsu pon teaid hee w3n g ae s.diw(ip act r.gulatly' held at
the time::an d... :place advertised, in sa id r tioeo:;
lailneddipe rsons,Interested,Ableetlegg to said+*oquisiti oas
and iepr ov em satsi or to the ea ttnt of the assessment district, or
to the proppssdevasaaesment orAliagr ami or to the maps and descrip-
tio ns, or;to._ths gr ades' at which. said w ork will be don e, or the
Engineer'.estiriate;of the Boats-and:expense s ther eof, filed
written protests .with:;the,Clerk at said City at or before the time
set for . hear in g,-.; and a ll. persoaA+interested desirin g to be hear d
were given an opportunity to` be :.ibar d, all matte rs an d things per -
ta 1ia in to:,.said•: a equisli►ious .a nd. ;iupr ov ements were fu lly hear d an d
consida rad-by‘said . qoun clIi. .An d er aei'and docume ntar y ev idence going
to the, gpestien of whether the pubtlic inter est, c onve nience and
necessity rrequire the, proposed a cquisitions . and improvemen ts, and
on the emestien^:of' benbdits .fro s► the ur opos eCasquisitions and
im pr ovements to the.Pr aPertro Peopoeed to be ,rinolu ded wit i.i the
bounds ':ea'. Ot4hu teseeaamzt district and.te, ,berassessed to pay
the co sts and expen ses of said acqu isitions a nd improveme nts w as
du ly presen ted to and consider ed by said Council;
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alt!*', `TI PORNO deid aeunoil :dens herdal' PUN BISERMINS and
ORDER, Ad felle isr
1. That the exriers'bt arse -h&11 ;@t the 5ret of the p roperty
to be a ssessed for the t 4if atdr pre .ct-di&•not, at or p ri or to
tho`tiae fixer • fdr said° hsi ri ng, "'r*le writtem pretests agai nst the
ea±d cequ isitione And iepreVementej er an to the Engi neer's esti-
mate ol'etisti4nUeemenees''OP said irojeat, or against the m aps and
descriptions', or against thegradee at which said p ro vided is p ro -
tide d to be done, of'againett the diagraia and assessment to p ay the
costs end expenses thet'eo... •
2. That any and All' - protests made either to th e qu estion of
the publie`'in tereet; ^bdirrettienoa'and. nedeseityr of *eki ng said
acquisitions and irePrOteitopte, under Slid Res ol ution of Pr eliminary
Deter mination and of iatentlbli'; or to salt- prop4eled acquisitions
a nd improvement's, or to the gr:Mee- At Wish- said work is propos ed
to be don e,.'oar" the e3etent1'ot'the a ssessm ent d istrict', or th e maps
and descriptione, or the' lcm ou i'ts of the sev eral aeseasisente, and
all persons desir .ng to be heard in r elation to an y of said m atte rs
whether as protestants or otherwise, ha ve been-fallyr heard end
considered and are here by o verruled.
3. That the public interest, conv enience a nd necessity
r equire the r'aguisitio ns and impro vements in the manner proposed,
a nd Division # of the Streets a nd Highways Cade shall not apply.
4. That the district benafited''OrStid ample ition s and
improv ements and to be• Asses sed to pa;' tne` eeste en d expenses the re
of, an d the ex ter ior boundaries thereof, is the distr ict descr ibed
in said Resol'rtion of Prelim inar y Determination And of Inten tion.
5. That the Engineer's e stimate of the itemized and to tal
co sts an d expenses OfiehIMPACquisitions and'in weevements , an d of
the in cidental expense? in eonnaetian therewithy sonte ined in said
repor t a raKdiIt is here ,� icy, -finally ado pted an dappro ved as the
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Engin ee r's total and detailed estimat e of the 0040 ga4 .,empenses
of said acquisitions and imp rovements .
6. That the plans and specifications for the p roposed im-
prov ements, c ontained in said repo rt,,.bs,.and they are hereby,
finally adopted a nd appro ved as the plans and specifications to
which said work shall be done as called for in said Resol utio n of
Prelimin ary Determination and of Inte ntion.
7. Tha t the maps and d escriptio ns of the lands a nd easements
to be a-auired, as contained in said rep ort, be, and the same are
hereby, appro ved an d confirmed.
8. That the public in terest, conve nience and necessity
requir e, an d sa id Council do es hereby orde r the acquisitions and
impr ov ements to be made as described in and in accorda nc e with said
Reso lution of Pr elim inary Determ in ation and of Inte nti on on file in
the office of the Clerk of sa id City, refer ence to which is hereby
ma de for a more particu lar descr iption of sa id acquisiti ons and
improvements and for further par ticulars, pur su ant to the pro vi-
sion s of said Code.
9. That the diagram sho wing the a sse ssmen t district referred
to and descr ibed in said Resolution of Pr elimin ary Determination
and of Inten tion , and also the boun daries a nd dimensions of the
r espectiv e subdivisions of lan d w ithin said district as the sa me
existed at the time of the passage of said Resolution, ea ch of
w hich su bdivision s havin g been given a separate number u pon said
diagram, as co nta ined in sa id r eport, be, an d it is he reby,
appro ved an d confirmed is the diagr am of the proper ties to be
assessed to pay the costs and expenses of said acqu isitions and
impro vements.
10. That the awe• It of the total amount of the costs a nd
expenses of the proposed acquisition s an d improvements u pon the
sev eral subdivisions of land in sa id dis tr ict in pr opo rtion to the
estimated benefits to be received by said subdiv isions, respectivel
from said acqu isitio ns and improvemen ts, a nd of the expe ns es
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incident al thereto, as contai ned in said repes+t,,Al e i kC t? ' same
is hereby, fi nally. appro ved a nd oaafir msd as the assessm ent to pay
the costs a nd e xpe nses of said acquisitio ns a nd ie,p ro' .;ements.
As m odified,
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11. That the gineer's repor'b e, and the same is he reby,
finally confirmed and appro ved an a wh ole .
12. That the Clerk of said City shall forthwith deliver to
xedified
the Su perin tendent of Streets of said City the said,sssessme nt,
together with said diagram theret o attached a nd made a pa rt the re-
of as confir med by this Council, with his ce rtificate of such con-
firmatio n thereto a tta ched and of the date th ereof; and that said
Superin tenden t of Streets shall record said diagram and assessment
in his o ffice in a suitable book to be kept for that purpose, and
appen d ther eto his certificate of the date of such reco rding and
such recordation shall be, and constitu te the aese ssstent.roll herein
13. That sa id Superintendent of Streets; upon the recording
of said diagram and a ssessment, sha ll mail to each owner of real
pr operty w ithin the assessment district at his la st known address
as the same appear s on the tax rolls of the City or on file in the
office of the Cler k of said City, or to both addresses if said ad-
dress is not the same, or to the general delivery when no a ddr ess
so appear s, a statement con taining a designation by street number
or,other description of the property assessed sufficient to enable
the owner to identify the sam e, the amount of the assessment, the
date of the recorda tion of said a ssessment, the time a nd pla ce of
payment thereof, the effect of failure to pay w ithin such time and
a statemen t of the fa ct that bonds will be issued on unpa id assess-
men ts pu rsuant to Bond Plan B, Article 3, Cha pter 6 of sa id Co de,
the last installment of such bonds shall mature not to exceed nine
(9) years fro m the second da y of July next succeedin g ten months
from their date.
14. That said Superin tendent of Streets shall also cause
n otice to pay assessme nts to be published in two (2) successive
issu es of the Palo Alto Times, a new spaper published a nd circula te
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in said City, that said assessm ent has been re corded, a nd that all
sums ass essed ther eon are du e and p ayable i mmediately, a nd th at
the payment of said sums is to be made within thirty (30) d ays
after the date of recording s aid ass essment, which date shall be
stated in said notice, and of the fact that bonds will be iss ued
u pon u npaid assessments as ab ov e provided.
* *
I hereby certify that the foregoing is a full, t rue and
cor rect copy of a re solution duly passed and adopted by the Council
of the City of Palo Alto, California, at a meeting the reof held on
the 13th day of February, 1961, by the following vote of the
members ther eof:
APPRO
AYES, and in fav or ther eof, Cou ncilmen:
B all, B isho p, Byxbee , Davis, Evans, Giffin, Haight, M arshall,
Mitchell, Navis, Porter, Ro dge rs, Ste phe ns, Woodwa rd, Zweng.,
NOES, Cou ncilmen: Non e.
ABSENT, Co uncilmen : No ne.
yor
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Z'Tf ler'k of t e City of Palo "alto
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