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HomeMy WebLinkAboutRESO 865·"'·.J.·~r. "·· ··•n-.. -... ,p,..,. .. .,.,.....,. ......... ~ ............... ~ ~, • .,,...-.. ~· • · • ·-~-.. ,. _ _.,. •• ..,,...._-'"1"-'•U<"""'' ,',\I.WIV"f/~{'\''f"''11•,•:•:mN/1:'i'"f"¥f'J'I"-H"',....., il.\>ll•;r.._., • ...,.~ or.v!~"'f '"'1' •' ,~t't""""'",,.,.,....,.. ~•K..,.....,·'l, .... 11"''" .. ""'·'-."•'·""'.,..""' ''":""' "'' ··.-t~ ,,.,•, "'4.:"• ,,-•:.t"l:" I~ ~.~ R E S 0 L U T I 0 :t-1 N 0 • 865 --------------- Ill THE l~ATTZR OF ACSU!S!TION Al:D IMPROYEMENT DISTRIC'!' NO. 1 OF THE CITY OF PALO ALTO RESOLU'I'ION ORDERING ACQUISITION AN'D IMPROv"EMEN'l' WHEREM~, at the t 1me, place and in the , manner aet forth in the J'esolu.tion or intention adopted by ti-:.1e Cl.ty Council or~ the 17th day of March, 1930, in the m&tter of' Acqu1si t'.on and Improvement District No. l of the City of Palo Alto, s. full, fair and imp11rt1a.1 he·aring was accorded all pel'sona having any objections to, those th1nge proposed to be dono, as set forth ir~ au.1d reaolut1on; and WHEREAS, thia City Council has adopted its re,solut1on passing upon all proteets presented, both wx·itten and oral, and has made 1ts determination aa to the e: ... tent of the asseasmont district, and na tc..1 the zones and percentages propost,d, and the grades to which the contemplated work and improvements are to be constructed; and WHEREAS, evidence has been received as to the publication or lla1d resolution of intention and the posting of the notice of public improvement therein order~~ posted, at the time and i~ the manner preseribed by law, and as to the necessity for the acquisitions and improvements conten1platod, ~tnd the benef1 ta to be der1 ved therefrom; NOW, THEHEFORE, BE IIJ.' RESOLVBD, by the Council of the City or Palo Alto, that it 15 hereby.found, determined and ordered as follows: , · l... That the said resolution of intention heretofore adopted on the 17th day of March, '1930, h~s been duly am legally published as .required by law, and that the notice or public improvement t.herein directed to be posted hae been duly and legally posted in the time, form., manner a.nd number aa required by lavt, and that all proteata or objectio:ns presented have been disposed of in time, form, and manner as required by law, a.nd that this legislative body haa now acquired juris-- diction to order the things proposed to be done as set forth in sa4id .resolution or 1.ntent1on. 2. That the public interest and necessity require and 1~:; is hereby ordered that the following aequ1s1tions for the purpose of widening Cal1!orn1n Avenue from the northeasterly line of El Camino Real to a line 100 feet southwesterly from and parallel to the eouth- westerly line or Alma Street, to-w1t: l'bat a ntrip of land 15 feet wide be acquired on the southeasterly aide of California Avenue betweon the po1nta above mentioned .. That a strip of land 15 feet wide be acqulred on the northwesterly side of California Avenue between the 2..!!1 '•' { ·.3 ) ., ' '~ " .~ :j ~ " ~ • ,, /t" ·~· .-.~ .. 250 points above mentioned, bflt made: all as set forth and deaeribed in aa1d resolution of intention adopted by th1a City Council on Monday• Karch 17, 1930, and in the epee1f1cat1.onll ther~in referred to, s.nd that th."' property nece~aary to be taken !or such ae,u1a1t1ona, and which 1a hereby ordered to be acquired thare!'or, 1a that described 1n section 1 of eaid ~solution of intention, ~ing Parcels No. l, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17• 18, 19, 20, 21, 2lA, 22A, 231 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35A, 35B, 3SA, 36B, 37, 38, 39, 40A, 40B, 41, 42, 43, 44, 45, 46, 47, 48 and 49. 3. The.t the pubUe interest and. necess1 ty require, and it is hereby ordered that the improvements and work on Cali!'ornis Avenue between the po~.nt:a before named, as set forth and dt'scribed in said resolution of intention and in the spee1f1cat1ons, plans, profiles, dnd detail draw1r.gs therein referred to, be made and done. 4. That the boundaries of the assessment district, the ~ones into which said d:htr1ct. shall be d1vided11 the percentages t~ be raised from each of said zones, and the g:radt:ls to which sf1d 1mpl'Ovementa are to be constructed, shall be those ,sat forth ir1 the sa.id resolution of intention. and in the spec:U'1cat1ons therei.n referred to, re1'erenca to ·which is hereby made. 5. That the City Attorney of the City of Palo Al t,o is hureby ordered to brine m action in the SUperior Cou:rt of the State of Ce.l1forn1a, in e..nd tor the County of Santa Clara, fo:r.• the condemnation of the property necl'ssary to be taken for the ecqu1s1 tion herein ordered and described in section 1 of sflid reaolution or intention, and to do all things r1ecessary to pro:tecute said action to !i.nal determination. 6. Tils,t the p,1blic interest and convenience req11il'e snd it 1s hereby ordered that the City of Palo Alto, plaintiff in the said eor!demnation action, take immediate possession and use of the property herein ordereo. to ba ac(luired, upon complying with the .require- ments of laVI 1ippl1cable thereto, and that tho said City Attorney report to this City Cour1c11 the amounts oi.' roonoy required therefor a s soon as the same can be ascertained. · '7 • That the time here by fixed for r ec ei \Ting bids for the impx~vements described under Resolution or Inten- tion No. 862 shall be and said time is hereby fixed a.t the first regular meeting dav or the City Council after· an expiration of. fifteen (15} days following the signing ·or the decree or order of the court entitling the plaintiff in the action to possession and use of the property sought to be acquired; and the City Clerk is hereby directed to give such notice, i.nviting bids a:t'ter the s1gn1ng of such decreG or order and !1x1ng the time fnr the receipt ther~of as herein directed an.d the clerk of th1a City ·council ie hereby ordered to post. and to publ1oh 1n the newspaper designated 1n eaid resolution of intention, a notice 1n·d t1ng sealed bids, requiring in such notice all bids to be e.ccompon1ed by a certified check o:r bond, all as req~ired by the provisions of section 12 of the , Aeq,uis1 t1.on and Improvement Act of 1925". a. T".nat, to defray the expenses or tho aoquis1- tj.ons, work and 1morov~ments hert;1n ordered, bonds will be issued. to the total amo·u.nt of the same, excepting tho ~ 'JJ ~ ....... :c; i i -~J r· ~ •. • "'·•-h•••~ ., ,. ~-"'"' •...•• ..,.,,..,.,,,.'11<,\\''I'JO"'·'A""'·tf"''t"f'l<."-'l!'' ~'it".'l"t·;,,lt"H•'t'~-.. .... , .... :~tfjl(i~J}.""?tll'.-,.~t~"''·1 h "1 1-"'~"•'•l <"•••·\~'.' .. ,,.,,,. . .._~ •'-~:'"<~,"' .'~ ,,,,,,. , •. ·~·~ ••.• ·.-., •.. sum ot sev$n thousand five hundred dollars ($7500.00) which it is h8reby ord..,red shall be paid by the treasurer or the City of Palo Alto out of t.h0 general fund in 1te treasury toward the expense of the th1nga to b5 done e.s above set .forth for the costs a.nd axpenas of the work &.nd improvements, said 'bond a to bear interest at the rate of e1x per cent per annum, payable semi- annually, the first interest payment to be made on th~ second day of January or the second day of July (whichever IQOnth first succeads the data of the bond.a) next succeeding one year after th~ date or such bonds, the aggregate principal of all bonda issued to be paid and dis charged wi.thin twenty tb.ree years after the date o.f i:ssuanee, approximately one ... twentieth part or sald aggregate principal to be payable annually. The !irat payment on the aggregate principal or the bonds issued will be made approximately thre~eara after the 1s~ance thereof. A spec1o.l f'u.nd for the payment of said bonda will be constituted by the levy of spet~1al ~saessrnent taxes upon the lands within tho assessaent district, according to the assessed valua of said la.nds (<5xclus1ve of the improvements thereon), and in accordance with the zones and percentages, ae said asaeasment district, zones and percentages are set forth in s&1C. resolution of intention. 9. That the proceedings for said acquisition, work. and impt•ovements shall be had and tekt)n under and in accordance with an Aet of the Legislature of the State o!' Cal1forn1", known and dtls1gnated a3 the '' fiCqu.tai tion and Improvement Act of 1925", approved May 23, 1925, il.nd said bonds shell also be issued 1r. accordance with the provisions of snid Act. l hereby c.;;rt1fy th&.t the foregoing resolution wua adopted by tl:'.i.O Council of the City of Palo Alto at a regular meeting held on the 14th day of April, 1930, by the followi:ng vote of the members thereof: AYES: NOES: 4.P·SENT: Miss Baue,h, Bertsche, Cf.lthca.rt, Ch1•1stensen, Johnson, Kelly, M.osher, Thoits, 'Ihomas, Mrs. Thomas, ~iood. None. P."''bs.:rt, Leusten, Vtnisler. • ' .. "'·.~ ··:<'V,'ff:'t~"" . 25I .Approved: <-r Mayor Attect: ______________ __ Clerk t J .. -{ ,, ~ J .1 .j $ i ~ .. ~· i ~ ~ I. ~ ·~ ... '· ·.j .r; i ·.; ,J , 'i, ., ,.. I ~. ·" ~~~-\.