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HomeMy WebLinkAboutRESO 4833that • • ORIGINAL WJML:KJmh 10·4-73-55 RESOLUTION NO. ~l... _A_ RF~~t!JTION AND O~DER ADOPTING ENGINEER 1 S REPORT, CONFIRMING THE AZSESSMENT AND ORDERING THE WORK DOWNTOWN BEAUTIFICATION AND-LIGHTING PROJECT NO. 'll-80 RESOLVED, by the Council of the City of Pe.lo Alto, California, WHEREAS, o~ the 20th day of August, 1973, said Council adopted its Resolution of Intention No. 4812 to construct public impr"ve:nents in said City, and referred the proposed improvements to the City Engineer: he being the officer having charge and control of the con- struction of improvements in and for said City of the kind descr1be1 in said Resolution of Intention, and being a competent person appointed by ~&id Council for that purpose; WHEREAS, this Council thereby directed said City Engineer to make and tile with the City Clerk a report in writing in accordance with and pursuant to the Palo Alto Municipal Code; WHERF.AS, s&id report was duly made and filed with the Clerk of said City, whereupon said Clerk presented it to this Council for con- sideration; WHERF.AS, said Council thereupon duly considered said report and each ·and every part thereof an~ found that-it contained all the matters and things called for by th~·proviaiona ot said Code, includ- iflg (1) plans and specifications of the proposed improv~ments, (2) estimate of costs, (3) diagram of district, and (4) an assessment according to benefits, all of' which was done in the form and manner . required by said Code; WHEREAS, said Council found that said report and each and every part ther~of' was sufficient in every particular and determined that it should stand as the report for all subsequent proceedings under aaid Code, whereupon said Council, pursu&nt to the requirements of said Code, appointed Monday, the 15th day of Octobor, 1973, at the . . • • hour of 7:30 o'clock P.M. of said day, in the Council Chambers, Civic Center, Palo Alto, California, as the time and place for hearing pro- tests in relation to said proposed improvements, and directing the City Clerk to give notice of said hearing as required by said Code; WHEREAS, it appears that notices of said hearing were duJ.y and regularly posted, mailed and published in the time, form and manner required by said Code, as evidenced by the afficavits and certificates on file with so..:.id Clerk, whereupon said hearing was duly and regularly held at the time and place stated.in said notice; e.nd WHEREAS, persons interested, objecting to said improvements, or to the extent cf the assess~ent district, or to the proposed ass~esment or diagram, or to the grade~ at which said work ~i~l be done, vr to the Engineer's estimate of the costs and expenses thereof, filed written protests,with the Clerk of' said City at or before the time set for hearing, and all persons interested desiring. to be heard were given an opportunity to be heard, and all matters and things pertaining to said improvel!lents were fully hP,ard and con- sidered by-s!l.id .coun•.11, and were ov\..rruled, Uid said Council has acquired jurisdiction to order said impro•·ements and the confirma- tion o~ said diagram and assessment to pay the costs and ·expenses thereof; NOW, THEREFORE) said Council does hereby FIND~ DETERMINE and ORDER, as follows: 1. That the owners of one-half of the area to be assessed fo~ th~ cost of' the project did not, at or prior to the time fixed for said hearing, file written protests against the said proposed improve- ments as a whole, or against t~e said district or the extent thereof to be assessed for the coats and expenses of said improvements as a whole, or a~ to the Engineer's estimate of said costs and expenses, or against the diagram or aaae11ment to pay for the costs and expenses thereof. 2 \ . . I • • 2, That the district benefited by said improvements and to be assessed to pay the coats and expenses thereof, and the exterior bounda- ries thereof, are more particularly described in said Resolution of Intention and made a part hereof by reference thereto. That all pub- lic streets and highways within said assessment distri~t in use in the performance of a public function as s11r.h shall be omitted from - said district and from the levy aad collection of the special taxes to be hereafter levied and collected to cover the costs and expenses of aaid improvements. 3. That the plans and specifications fo~ the proposed 1mprove- as modi.f'ied ments, contained in said report/b~, and th~y are hereby finally adopted and approved as the plans and specifications to which said work shalJ. be done as called for in said Resolution of Intention. 4. That the Engineer's estimate of the itemized and total costs and expenses of said improvements, and of the incidental --as modified, expenses in connection therewith, contain~d in said repori;,/be, _ .. _~ld it is hereby finally adopted and approved as the Engineer's total and detailed estimate of the costs and expense2 of said improvements. 5. That the public-interest and conyenience require and said Ccunc11 does hereby order the improvement&-to be me-de as described in -- and in aceord~nce with said Resolution of Intention on file in the as modified office of the City Clerk,/reference t~ which is hereby -ma.de for a more particular description of said improyements and also for further particulars pursuant to the provisic:ns of said Municipal Code. 6. That the diagram showing the assessment district re~e~red to and described in said Resolution or Intention, and al10 the bounda- ries and dimensionw of th~ respective subj1v1a1ons or land within said district aa the same existed at the time of the paaaage ot said Reso- lution of Intention, each or which subdivisi~ns having been given a as modified, aepa1'&te number upon said diagram, as contained in aaid report/be, and it is hereby finally approved and confirmed aa the diagram of 3 . . .. -. . • • the properties t,o be assessed to pay the cobt& and expens~s of eaid improvements. 1. That the assessment or the total amount of the costs and expenses of the proposed improvements upon the several subdivisions of land in said district in propo~tion to the estimated benefits to be r~ceived by said subdivisions, respectively, from said improvements, as modified, and of the exp~nses incidental tP~reto, contained in said report,/b~, and the same is hereby f 1nally approved and confirmed as the assess- ment to pay the costs and expenses or saj_rt improvements. as modified, 8. That said Engineer's report/be, and the same is hereby finally a6-~y'~ed and approvP.d as a whole. 9. That the City Clerk shall forthwith deliver to the Super- intendent of Streets the said assessment, together with said diagram thereto attached &l"l.d made a part thereof, as confirmed by this Co~cil, with her certificate of' such ~~1l(:lr111&~ion thereto _att~fhed and of the date thereof; and th&t said Sup~rintendent of Streets shall record said diagram and assessment in his office in a suitable book to be kept for that purpose, and append tnereto his certificate of the date of such recording, and such recordation shall be and con- stitute the ~ssessment roll herein. 10. That said Superintendent or Streets, ~pon the recording of s~iu dia5ram and assessment, shall mail to each owner of real property within the assessment district, at his last known address as the same appears on the tax rolls or the City or on file i~ the office of the City Clerk, or to both addresses if said address 18 not the same, or to the general delivery vhen· no addr~ss so appears, a stat~ment con- taining a designation by street n~Jmber or other description of' the property assessed sufficient to enable the owner to identify the same, the amount of the assessment, the time and place of payment thereof, the etfect of failure to pay within such time, and a statement of the tact that bonds will be issued on the unpaid assessments pursuant to Bond Plan B ot said Municipal Code. 4 I . . . . . • • o I ··11. That said SupeY·intendent of Streets shall also give notice by publishing a copy o~ a Notice to Pay Assessments by two successive insertions in the Palo Alto Times, a newspaper published in said City, that Raid assessment has been rec0rded in his office, and that all sums assessed thereon a~e due and payable immediately, and that the paym,ant cf said sums is to be made thirty (30) days after the date of recording e•id assessment, which date shall be stated in said notice, and of' the i~act that bonds will be issued upon unpaid asseesments aa above provided. * * * * * * * * I hereby certify that the foregoing is a full, truP. 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 15 day of. October , 1973, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Beahrs, Bervald, Clay, Henderson, Norton, Pearson, Rosenbaum, Sher NOES, ABSENT, APPROVED: APPROVED: Miyor Councilmen: None Councilmen: Comstock ci~ ~ ot city of Palo Alto ___.:;,,,;------ 5 / :::;. "' ~""' .. · -·· i ~~-·' r r;. ~-->~ , --·· • c ... ·.-.....: ,• ...... _ ,l ..