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Home My WebLink AboutRESO 4582that • • ORIGINAL WJML:KJmh 3-31-72-45 RESOLUTION NO. 458Z A RESOLUTION AOOPrING ENGINEER 1 S REPORT, CONFIRMING ASSESSMENT AND ORDERING WORK AND ACQUISITIONS GREEN ACRES I UNDERGROUND UTILITIES CONVERSION PROJECT NO. 71-85 RESOLVED, by.-the Council of the City of Palo Alto, California, WHEREAS, on February 28, 1972, said Council adopted its Resolu- tion No. 4566 of Preliminary Determination and of Intention that the public interest, convenience and necessity required and that it in- tended to order certain acquisitions and improvements therein particu- larly described, and referred the proposed acquisitions and improve- ments to the City Engineer to make and file with the City Clerk a report in writing in accordance with and pursuant to the Palo Alto Municipal Code; WREREAS, said report was duly made and filed with the City Clerk whereupon the 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 contained all the matters and things called for by the provisions of said Code, includ- ing (1) plans and specifications of the proposed improvements, (2) estimate of costs, (3) diagram of district, (4) an assessment accord- ing to benefits, and (5) maps and descriptions of acquisitions to be made, all of which was done in the form and manner required by said Code; WHERFAS, 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 subsequent proceedings under said Code and said Resolution of Preliminary Determination and of Intention, whereupon said Council, pursuant to the requirements of ~aid r.ode, appointed Monday, the 10th day of April, 1972, 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 protests in relation to said acquisitions and 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 duly and regularly posted, mailed and published in the time, form and manrier required by said Code, as evidenced by the affidavits on·file with said Clerk, whereupon said hearing was duly a~d regularly held at the time and place advertised in said notices; I WHEREAS, persons inte~ested objecting to said acquisi----- tions and improvements, or to the extent of the assessment district, or to the proposed assessment and diagram, or to the grades at which said work will be done, or the Engineer's estimate of the costs and expenses thereof, or to the maps and descriptions, filed w~itten pro- tests .with the City Clerk at or before the time set for said hearing, and all persons interested, desiring to be heard were given an oppor- tunity to be heard and all matters and things pertaining to said acquisitions and improvements were fully heard and considered by said Council; NOW, THEREFORE, said Council does hereby FIND, DEn'ERMINE and ORDER, as follows: 1. That the owners of one-half of the area of the property to be assessed for the cost of said project did not, at or prior to the time fixed for said hearing, file written protests against said acquisitions and improvements, or as to the Engineer's estimate of coats and expenses of said project, or against the grades at which said work is proposed to be done, or against the maps and descrip- tions, or against the diagram and assessment to pay for the costs and expenses thereof. 2 • • 2. That any and all protests made either to said proposed acquisitions and improvements, or the grades at which said work is proposed to be done, or the extent of the assessment district, or the amounts of the several assessments, or the maps and descriptions, and all persons desiring to be heard in relation to any of said mat- ters, whether as protestants or otherwise, have been fully heard and considered, and have been overruled. 3. That the district benefited by said acquisitions and improve- ments and to be assessed to pay the costs and expenses thereof, and the exterior bouncaries thereof, is the district described in said Resolution of Preliminery Determination and of Intention. 4. 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, contained in said report, be, and it is hereby finally adopted and approved as the Engineer's total and detailed estimate of the costs and expenses of said acqui- sitions and improvements. 5. That the plans and specifications for the proposed improve- ments contained in said report, be, and they are hereby finally adopted and approved as the plans and specifications to which said work shall be done as called for in said Resolution of Preliminary Determination and of Intention. 6. That said Council does hereby order the acquisitions and improvements to be made and done as described in and in accordance with said Resolution of Preliminary Determination and of Intention on file in the ofrice of the City Clerk, reference to which is hereby made for a more particular description of said acquisitions and im- provements and for further particulars pursuant to the provisions of said Code. 7. That the diagram showing the assessment district referred to and described in said Resolution of Preliminary Determination and 3 • • of Intention, and also the boundaries and dimensions of the respec- tive subdivisions of land witnin said district as the same existed at the time of the passage of said Resolution, each of which sub- divisions having been given a separate number upon said diagram, as contained in said report, be, and it is hereby finally approved and confirmed as the diagram of the properties to be assessed to pay the costs and expenses Ef said ac_quisiticns and improvements. 8. That the assessment of the total amount (after deducting contributions) of the costs and expenses of the proposed acquisitions and improvements upon the several subdivisions of land in said dis- trict in proportion to the estimated benefits to be received by said subdivisions, respectively, from said acquisitions and improvements, and of the expenses incidental thereto, as contained in ·said report, be, and the same is hereby finally approved and confirmed as the assessment to pay the costs and expenses of said acquisitions and improvements. 9. That the maps and descriptions of the lands and easements to be acquired, as contained in said report, be, and the same are hereby approved and confirmed. 10. That said Engineer's Report be, and the same is hereby finally adopted and approved as a whole. 11. That the Clerk of this City shall forthwith deliver to the Superintendent of Streets the said assessment, together with said diagram thereto attached and made a part thereof as confinned by this Council, with her certificate of such confirmation thereto at- tached and of the date thereof, and that said Superintendent of Streets shall forthwith record said diagram and assessment in his office in a suitable book to be kept for that purpose, and append thereto his certificate of the date or such recording, and such recordation shall be and constitute the assessment roll herein. 4 • • 12. That said superintendent of Streets upon the recording of said diagram and asaessmeut, 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 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 a.~ount of the assessment, the date of the recordation of said 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 unpaid assessments pursuant to Bond Plan B of said Municipal Code. 13. That said Su~erintendent of Streets shall also cause Notice to Pay Assessments to be published in two successive issues of the Palo Alto Times, a newspaper published and circulated in said City, that ·said assessment has been recorded and that all sums assessed thereon are due and payable immediately and that the payment of said sums is to be made within thirty {30) days after the date of record- ing 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. * * * * * I hereby certify that the foregoing is a full, true and correct c~py of a resoluti~n duly passed and adopted by the Council of the City of Palo Alto, California, at a meeting thereof held on the 10th day of April ~ 1972, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: NOES, ABSENT, Councilmen: Councilmen: UNANIMOUS NONE NONE ()~ _ JI,~ ~2:1:.w ~ City c~ycity of Palo Alto ____ ....,_Ma __ y_o_r_..__ _____ ~·---rt:· : .d .: Approved: ~~:t_./ 5 I