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HomeMy WebLinkAboutRESO 3783• RESOLUTION NO. 3783 A RESOLUTION DETERMINING CONVENIENCE AND NECESSITY, ADOPTING ENGINEER'S REPORT, CONFIRMING ASSESSMENT AND ORDERING WORK AND ACQUISITIONS AS MODIFIED MISCELLANEOUS STREETS IMPROVEMENTS PROJECT NO. 62-5 RESOLVED, by the Council of the City of Palo Alto, California, that WHEREAS, on the eth day of June, 1964, said Council adopted lta Resolution Nc. 3741 of Preliminary Determination and of Intention that the public interest, convenience and necessity required and that it intended to order certain ac- quisitions and improvements therein particularly described, and referred the proposed acquisitions and improvements to the City Engineer of said City, he being the officer having charge and control of the construction, of public improvements in and for said City of the kind described in said Resolution, and being a competent person employed by said City for tnat purpose; WHEREAS, said Council thereby directed said City Engineer to make and file with the City Clerk of said City a report in writing in accordance with and pursuant to the Municipal Im- provement Act of 1913 (Division 12 of the Streets and Highways Code), as amended; WHEREAS, said report was duly made and filed with the City Clerk of said City, whereupon said Clerk presented it to this Council for consideration; WHEREAS, said Council thereupon duly considered said report and each and every part thereof, and found that it con- tained all the matters and things called for by the provisions of said Act, including (1) plans and specifications of the proposed improvements, (2) estimate of costa, (3) diagram of district, (4) an assessment according to benefits, and (5) maps and descriptions of lands, easements and rights to be acquired, all of which was done in the form and manner re- quired by said Act; WHEREAS, said Council found that said report and each and every part thereof was sufficient in every particular and determined that it should stand as the report for all aubse- quent proceedings under said Act and said Resolution of Pre- liminary Determination and of Intention, whereupon said Council, pursuant to the requirements of said .Code, appointed Monday, the 14th day of September, 1964, at the hour of 7:30 o'clock P.M. of said day in the Council Chambers, City Hall, Palo Alto, California, as the time and place for hearing protests in relation to said proposed acquisitions and improvements, and directed the Clerk of eaid City to give notice of said hearing as required by said Act; WHEREAS, it appear that notices of said hearing were duly •and regularly mailed, posted and published in the time, form and manner required by uaid Act, as evidenced by the affidavits on file with said Clerk, whereupon said hearing was duly and regularly held at the time and place advertised in said notices; WHEREAS, persons interested, objecting to said acquisi- tions and improvements, or to the extent of the assessment district, or to the proposed assessment or diagram, or to the maps and descriptions, or to the grades at which said work will be done, or to the Engineer's estimate of the costs and expenses thereof, filed written proteste with the Clerk of said City at or before the time set for hearing, and all persona interested desiring to be heard were given an opportunity to be heard, oral and documentary evidence on the queatien of whether the public interest, convenience and necessity require said acquisitions and improvements and on the further question of benefits was submitted to and has been duly considered by -2- • the Council, and all matters and things pertaining to said acquisitions and improvements were fully heard and considered by said Council, and said Council by its Resolution No. 3782 did order the deletion of all of the acquisitions and improve- ments on Clemo (Park Avenue), Lytton Avenue and Hamilton Avenue, and said Council did find that written pretests against the remaining portions of said acquisitions and improvements on and in West Bayshore Frontage Road, Diablo Way, Homer Avenue and Maybell Way were signed by the owners of less than a majority or more of the area of the lands within said portiona, respectively, of the assessment district, and said Council has acquired jurisdiction to order said acquisitions and improve- ments in and on West Bayshore Frontage Road, Diablo Way, Homer Avenue and Maybell Way, and the confirmation of said diagram and assessment to pay the costa and expenses thereof. NOW, THEREFORE, said Council does hereby FIND, DETERMINE and ORDER, as follows: 1. That the public interest, convenience and necessity require the acquisitions and improvements described in said Resolution of Preliminary Determination and of Intention, except the acquisitions and improvements on Clemo (Park Avenue), Lytton Avenue and Hamilton Avenue w;,ich were deleted by Resolu- tion No. 3782 adopted by this Council on October 26, 1964, in the manner proposed and Division 4 of the Streets and Highways Code shall not apply. 2. That the district benefited by said acquisitions and improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof is the district described in said Resolution of Preliminary Determination and of Intention, as modified. 3. That the assesament has been spread upon the several -3- subdivielors of land in the district in proportion to the estimated benefits and the amount of the proposed City contri- bution represents that portion of the project cost which affects or is properly chargeable to the City as a whole. 4. That the plans and specifications for the proposed improvementu, contained in said report, be, and they are hereby, finally adopted and approved, as modified, as the plans and specifications to which said work shall be done as called for in said Resolution of Preliminary Determination and of Intention. 5. That the Engineer's estimate of the itemized and total costs and expenses of said acquisitions and improvements, and of the incidental expenses in connection therewith, con- tained in said report, as modified, be, and it is hereby, finally adopted and approved as the Engineer's total and de- tailed estimate cf'the costa and expenses of said acquisitions and improvements. 6. That the maps and descriptions of the lands, easements and rights to be acquired, as contained in said report, as modified, be, and the same are hereby, finally approved and confirmed. 7. That the public interest and convenience and necessity require, and said Council does hereby order the acquisitions and improvements to be made, except those portions deleted by said Resolution. No. 3782, as described in and in accordance with said Resolution of Preliminary Determination and of Inten- tion on file in the office of the Clerk of said City, reference to which is hereby made for a more particular description of said acquisitions and improvements, and also for further parti- culars, pursuant to the provisions of said Act. 8. That the diagram showing the assessment district referred to and described in said Resolution of Preliminary -4- Determination and of Intention, and also the boundaries and dimensions of the respective subdivisions of land within said district, as the same existed at the time of the passage of said Resolution of Preliminary Determination and of Intention, each of which subdivisions having been given a separate number upon said diagram, as contained in said report, be, and it is hereby, finally approved and confirmed as modified by said Resolution No. 3782, as the diagram of the properties to be assessed to pay the costs and expenses of said acquisitions and improvements. 9. That the assessment of the total amount (exclusive of contributons) of the costa and expenses of the proposed acquisitions and improvements, as modified, upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by said subdivisions, res- pectively, from said acquisitions and improvements, and of the expenses incidental thereto, contained in said report, be, and the same is hereby, finally approved and confirmed, as modified, as the assessment to pay the costs and expenses of said acquisitions and improvements. 10. That said Engineer's Report be, and the same is hereby, finally adopted and approved as modified. 1'. That the City Clerk shall forthwith deliver to the Superintendent of Streets the said assessment, together with said diagram thereto attached and made a part thereof, as con- firmed by this Council, with her certificate of such confirma- tion thereto attached and of the date thereof; and that said Superintendent of Streets shall record said modified diagram and assessment in his office in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording, and such recordation shall be and con- stitute the aseesenent roll. herein. -5- 12. That said Superintendent of Streets, upon the re- cording of said modified diagram and assessment, shall mail to each owner of real property within the aasessment district, at his last known address as the same appears on the tax rolls of the City, or on file in the office of the City Clerk, or to both addresses if said address is not the same, or to the general delivery when no address so appears, a statement con- taining a designation by street number or other description of the property assessed sufficient to enable the owner to identify the same, the amount of assessment, the time and place of payment thereof, the effect of failure to pay within such time, and a statement of the fact that bonds will be issued on the unpaid assessments pursuant to the Improvement Bond Act of 1915 (Division 10 of the Streets and Highways Code), the last installment of such bonds to mature not to exceed nine (9) years from the second day of July next succeeding ten (10) months from their date. 13. That said Superintendent of Streets shall also cause Notice to Pay Assessments to be published in ten sucoessi.e issues of the Palo Alto Times, a newspaper published and cir- culated in said City, that said assessment has been recorded, that all sums assessed thereon are due and payable immediately, that the payment of said sums is to be made within thirty (30) days after the date of recording said assessment, which date shall be stated in said notice, and of the fact that bonds will be issued upon unpaid assessments as above provided. * * • * * * * * 4 * 16 -6- 1 hereby certify that the foregoing in a full, true and correct copy of a resolution duly passed and adopted by the Council of the City of Palo Alto, California, at a meeting thereof held on the 26th day of October, 1964, by the follow- ing vote of the members thereof: AYES, and in favor thereof, Councilmen: Arnold, Beahra, Byxbee, Cooley, Deba, Dias, Flint, Porter, Rodgers, Rohra, Rua, Woodward, Zweng NOES, Councilmen: None ABSENT, Councilmen: Comstock and Cresap 21144 City Clerk of the , of Io A110 APPROVED APPROVED AS TO FoRm CITY in