HomeMy WebLinkAboutRESO 3657•
•
•
•
RESOLUTION NO.
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT,
CONFIRMING THE ASSESSMENT AND ORDERING THE WORK
AND ACQUISITIONS
PORTIONS OF FOOTHILLS ANNEXATION NO. 3
SANITARY TRUNK SEWERS AND WATER SUPPLY SYSTEM
PROJECT NO. 62-8
RESOLVED, by the Council of the City of Palo. Alto, Califo rnia,
that
WHEREAS, on the 28th day of May, 1963, said Council adopted its
Resolution of In tention No. 3633 to acq ui re and construct public improve-
ments in said City and referred the proposed acquisitio ns and impro ve-
ments to the City Engin eer of said City, he being the officer ha ving
charge and con trol of the construction of improvements in a nd for s aid
City of the kin d described in said Resolution of Intentio n and bei ng a
competent per son appointed by said City for that p urpose;
WHEREAS, sa id Cou ncil ther eby directed said City Engi nee r to m ake
and file w ith the City Clerk of said City a report in w riting in accord-
an ce with an d pursu ant to Ar ticle 4 of Chapter 5 of Ordi nance No. 1928.
the Palo Alto Improvement Procedur e Code, adopted by this Co uncil on
April 11, 1960, as amended;
WHEREAS, said repor t was duly;made and filed with the City Clerk
of said City, wher eu pon said Clerk pr esented it to this Cou ncil for
consideration;
WHEREAS, said Council thereupon duly considered said report a nd
each an d every part therecf, an d fou nd that it contained a ll the matters
an d things called for by the pr ovision s of said Code, Includin g (1)
plans and specifications of the pr oposed impr ov emen ts, (2) estimate ox'
costs, (3) diagram of distr ict, (4) an assessmen t according to benefits,
an d (5) maps and descriptions of lan ds, easements and rights to be
acqu ired, all of which was don e in the form and mann er r equir ed by said
Code;
WHEREAS, sa.Ld Council fou nd that said r eport an d ea ch and every
part thereof was sufficien t in every pa rticular and determined tha t it
should sta nd ae the report for all subsequent pr oceedings under said
•
Code a nd said Resolution of Intentio n, whe re upon said Council, p urs uant
to the requi reme nts of said C ode, appointed Mo nday, the 8th day of J uly,
1963, at the hour of 7:30 o'clock P .M . of said day in the Co uncil
Chambers, City Hall, Palo Alto, California, as the time and pl ace for
hear ing protests in relation to said p roposed acq uisitions and improve-
ments, and directed the Cle rk of said City to give notice of s aid h ear-
in g as r equired by s aid Code;
WHEREAS, it appea rs that n otices of said hea ring were d uly and
regular ly mailed, posted and published in the time, form and man ner
required by said Code, as evidenced by the affidavits on file with said
Cler k, w her eupon said hearing was duly and regularly held at the time
and pla ce a dver tised in said notices;
WHEREAS, person s intereated, objecti ng to said acquisitions a nd
improvements, er to the extent of the assessment dist rict, or to the
pro posed assessmen t or diagram, or to the maps and descriptions, or to
the grades at which said work will be done, or the E ngineer's estimate
of the costs an d expenses thereof, filed wr itten protests with the
Clerk of sa id City at or before the time set fo r hearing, and all pe r-
son s interested desiring to be heard were given an opportunity to be
hear d, and all matters and things pertain ing to said acquisitions and
impr ovements w ere fully hear d and consider ed by sa id Cou ncil,
, a nd said Council has acqu ired juris-
diction to order said acqu isitions and impr ov emen ts and the con firmation
of sa id diagra m an d assessment to pay the coats a nd expen ses ther eof.
NOW, THEREFORE, said Cou ncil does her eby FIND, DETERMINE a nd ORDER,
as follows:
1. That the owners of on e-half of the area to be asse ssed for
the cost of the project did not, at or prior to the time fixed for said
hear ing, file wr itten pr otests against the said pro posed acquisitions
an d improvemen ts as a w hole, or again st the said district or the exten t
t herec" to be assessed for, the costa an d expenses of said acqu isition s
and improv ements as a w hole, or as to. .the En ginee r's e stimate of said
costs an d expenses, or again st the gr ades at w hich said wor k is prov ided
•
•
••
•
•
s
to be do ne, or against the maps and desc riptions, or agai nst the dia-
g ram or assessme nt to pay fo r the coats and expenses thereof.
2. That the district b enefited by s aid acq uisitio ns and imp rove-
ments and to be assessed to pay the costs a nd expenses thereof, a nd the
exterior bo undaries thereof are more particularly described in said
Resolution of Inte ntion a nd made a part hereof by refe rence the reto.
That all public st reets and highways within said assessme nt dist rict
in use in the performance of a public f unction as s uch, shall be omitted e •
from said distr ict and frorn the levy and collectio n of the special taxes
to be hereafter lev ied and collected to co ver the costs and expenses •
•
• •
of said acqu isitions and impro veme nts.
3. That the plans a nd specificatio ns for the proposed imp ro ve- • •
ments, contained in said report, be, a nd th ey a re hereby, fin ally •
adopted and approved as the plans and specifications to which said work
shall be don e as c alled for in said Resolutio n of Intentio n.
4. That the En gineer's estimate of the itemized and total costs
and expen ses of said acqu isitions and impr ov ements, and of the inci-
dental ex penses in con nection therewith, con tained in said report, be,
and it is hereby, fina lly a dopted a nd appro ve d as the Engineer's tot al
and detailed estimate of the coats and expenses of said acquisitions
a
and impr ovements.
5. Tha t the maps and description s of the lands, easemen ts and
rights to be acqu ired, as contain ed in said report, be , and the same
ar e her eby, fina lly appro ved an d confirmed.
6.. That the public in ter est an d conv enience r equ ir e, and said
Cou ncil does hereby order the acqu isition s an d impr ovemen ts to be made
as described in and in accordance with said Resolu tion of Intention on
file in the office of the Cler k of said City, r eferen ce to which is
her eby made for a mor e particular description of said acqu isitions an d
impro vemen ts, an d also for further particulars, pursuan t to the prov i-
sions of said Co de.
7. That the diagram showing, the assessment district r efer red to
and described in sa id -Resolu tion of Inte ntion, and also the boundaries
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
.
3
•
•
•
•
a nd dimensio ns of the respecti ve 3ubdivlaions of la nd withi n said dis-
trict, as the same existed at the tim e of the passage of said Resol utio n
of inte ntion, each of which subdivisions h aving be en given a separ ate
number upon said diagram, as contained in s aid report, be, a nd it is
her eby, fin ally app ro ved and co nfi rmed as the diag ram of the prop erties
to be assessed to pay the costs a nd e xpenses of said acq uisitions a nd
improvements.
8. Tha t the assessme nt of the total amou nt of the costs a nd
expen ses of the proposed acquisitio ns a nd i mprovements upon the seve ral
subdivisions of lan d in said district in proportion to the estim ated
benefits to be r eceived by said subdi visions, respecti vely, from e aid •
acquisition s a nd improvements, and of the expenses i ncidental thereto,
contain ed in said ,report, be, and the same is he reby,finally app roved
an d confirmed as the assessment to pay the costs a nd expenses of said
acquisitions an d improvements. That lands of the City of Palo Alto
in cluded within the boun daries of said assessment district shall not
be su bject to ansessment.
9. That said Engineer's re port be , an d the same is hereby,
finally adopted and appr oved as a whole.
10. That the City Clerk shall forthwith deliv er to the S upe r-
in tendent of Str eets the said assessment, tcgether with said diagram
thereto atta ched an d made a part thereof, as con firmed by this Council ..
with her cer tificate of su ch confirmation there to attached and of the
date thereof; and that said Su perintendent of Streets shall record said
diagram and assessment in his office in a su itable book to be kept for
• that pur pose, and append thereto his cer tificate of the date of such
r ecor ding, and ou ch recor dation shall be an d constitu te the assessment
ro ll herein.
11. That said Superintendent of Streets, u po n the r ecording of
said diagram and assessment, shall ma il to each own er of real pr operty
within the assessment distr ict, at his laot known addr ess as the sam e
appears on the tax rolls of the City, or on file in the office of the
City Clerk, or to both addr esses if said a ddress is n ot the s ame, or to
•
•
•
•
•
•
•
•
.
•
•
•
•
•
•
•
• •
•
•
•
•
•
•
•
• •
•
•
•
•
•
•
• •
•
•
•
• •
•
•
•
..
the gene ral deli ve ry when no address so appears, a stat ement containi ng
a design ation by street numbe r or othe r description of the property
assess ed s ufficie nt to e nable the owner to ide ntify the same, the
amount of the assessment, the time and place of payme nt thereof, the
effect of failu re to pay within s uch time, and a st ate ment of the fact
tha t bonds will be iss ued on the unpaid assessments pu rsu ant'to Bo nd
Plan B, Article 3, Chapte r 6 of said Code, the last i nstallm ent of such
bonds to mature not to exceed f ourteen (14) ye ars from the seco nd day
of July next succeeding t en (10) mo nths from thei r d ate .
12. That said Superi nt endent of Streets shall also cause Notic e
to Pay Assessments to be published in two successi ve issues of the
Palo Alto Time s, a newspaper published and circ ulated in said City,
that sa id assessmen t has been recorded, that' all s ums assessed the reo n
are du e and payable immediately, that the payment of s aid sums is to
be made within thirty (3() da ys after the date of recording said
assessment, which date shall be stated in said notice, and of the fact
that bo nds will be issued upon unpaid assessments as ab ove p rovided .
* * * * * *
her eby cer tify tha t the foregoing is a full, true and .correct
copy of a resolution duly passed an d adopted by the Council of the
City of Palo Alto, California, at a meeting ther eof held on the 12
day of August , 1963, by the following vote of the members thereo?:
AYES, an d in favor thereof, Coun cilmen:
Ar nold, Byxbee, Co oley, Dias, P or ter , Rohrs, Rue,
Wo odwar d, Zweng.
NOES, Cou ncilmen:: Debe, Flint.
ABSENT, Coun cilmen: Beahrs, Comstock, Cresap, Rodgers.
APPROVED: :