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HomeMy WebLinkAboutRESO 4456. '. .. that • -JML:KJmh 5·27-71-25 ' . ORIGINAL RESOLUTION NO. 4456 A RESOLUTION AND ORDER ADOPT:T.NG ENGINEER'S REPORT,. CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS EMBARCADERO WAY EXTENSION· ASSESSMENT-DISTRICT PROJECT NO. 70-61 RESOLVED, by the Council of the City of Palo Alto, Califoniia, WHEREAS, on the 19th day or April, 1971, this Council adopted its Resolution of Intention No. 4445 to acquire and construct improveq1ents in said City, and referred the proposed acquisitions and improvements t-.:> the City Engineer ot this City, he being the officer having charge and control of the construction of improve- ments in and for said City of the kind described in said Resolution ot Intention, and Qeing a competent person employed by said City tor that purpose; WHEREAS, this Council thereby directed said City Engineer to make and f::l.le with the City Clerk of said City a report 1n writing in accordance with and pursuant to the Palo Alto Municipal Code; WHEREAS, said report was duly made and tiled with the Clerk of said City,_whereupon said Clerk present£d it to the Council for consideration; WHEREAS, this Council thereupon duly considered said report and each and every part thereof and found that it contained all the matters and things callecL:f-:,:-by the provisions of said Code, in- cluding (1) plans and specifications of the proposed improvements, (2) estimate of costs. (3) diagram of district, (4) an assessment according to benefits, and (5) maps and descriptions of lands and easements proposed to be acquired, all ot which was done in the form and m&nner requ~red by said Code; WHEREAS, said Council found that said report and each and every part thereof waa eutticient in every particular and determined that -' • • it should stand aa the report for all subsequent proceedings under said Code, whereupon said Council, pursuant to the requirements of said Code, appointed Monday, the 7th day of June,-1971, 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 proposed 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 manner required by said CQde, as evidenced by the affidavits on file with said Cl~rk, whereupon said heering was duly and regularly held at the time and place stated 1n said notice; and WHEREAS, no persons interested, objecting to said acquisitions· and improvements, or to the extent of the assesament district, or to the proposed assessment or diagram, or to the maps and descrip- tions, 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 protests with the Clerk of this 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 acquisitions and improvements were fully heard and considered by this Council, and said Council has acquired jurisdiction to order said acquisitions an1 improvements and the confirmation of said dia- gram ~a~d as~e~am~nt_ ~~ :rey-the costs an1 -expenses thereo.f; 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 for the cost of the project did not, at or prior to the time fi~ed for said hearing, file w~itten protests against the said proposed acqui- s1 tions and improvements aa a whole, or against the said district or 2 .. • • the extent thereof to be assessed for the costs and expenses of said acquisitions and improvements as a whole, or as to the Engineer's estimate of said costs and expenses, or against the maps and descriptions, or against the diagram or assessment to pay for the costs and expenses thereof. 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 are more particularly described in said Resolution of Intention and made a part hereof by reference thereto. That all public streets and highways with- in s~id assessment distrtct in use in the performance of P. public function as such shall be omitted_ from said district and from the - levy and collection or the special taxes to be hereafter levied and collected to cover the costs and expenses of said acquisitions and improvements. 3. That the plans and specifications ror the proposed improvements, contained in said report, be, and they ar~~hereby finally adopted and approved as the plans and specifications to which said work shall 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 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 Engine&r's total and detailed estimate of the costs and expenses of said acquisitions and improvements. 5. That.the maps and descriptions of the lands and easements to be acquired, as contained in said report, be, and the same are- hereby finally approved and confirmed. 6. That the public interest and convenience require, and this Council does hereby order the acquisitions and improvements to be 3 .. • • • made as described in and in accordance with said Resolution of Intention on file in the office of the City Clerk, reference to which is hereby made for a more particular description of said acquisitions and improvements, and also for further particulars pursuant to the provisions of said Palo Alto Municipal Code. 7. That the diagram showing the assessment district referred to and described in said Resolution of Intention, and also the boundaries and dimensions of the respective subdi~isions or land within said district as the same existed at the time of the passage of said Resolution of Intention, each of which subdivisions having been given a separate· number upon said diagram, aa contained 1n 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 of said acquisitions and improvements. 8. 'nlat the assessment of the total amount of the costs and expenses of the proposed acquisitions and improvements upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by ,said subdivisions, respectively, from said acquisitions and improvements, and of the ~xpenses inci- dental thereto, 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. ~t said Engineer's report be, and the same is hereby finally adopted and approved as a whole~ 10. That the Clerk shall forthwith deliver to the Superin- tendent of Streets the said assessment, together with s&i4 diagram thereto attached and made a part thereof, as confirmed by this Council. with her certificate of such confirmation thereto attached and of the date thereof; and that said Superintendent of Streets shall record said diagram and assessment in his office in a suitable book to be kept tor that purpose, and append thereto his certificate 4 • . .. • • of the date of such recording, and such recordation shall be and constitute the assessment roll herein. 11. Th~t said Superintendent of Streets, upon the recording of said diagram 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 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 such address so appears, a statement containing a designation by street number or other description of the property assessed sufficient to enable the o~'?ler to identify the same, the amount of the assessment, the time and place or 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 Bond Plan B ~f the Palo Alto Municipal Code. 12. That said Superintendent of Streets shall a.lso give notice by publishing a copy of a Notice to Pay Assessments by two successive insertions in the Palo Alto Times, a newspaper published in said City, that said assessment~s been recorded in his office, and that all sums assessed thereon are due and payable immediately, and that the payment of said sums is to be made thirty {30) days after the date of recording said assessment, which date shall be stated in said notice,_and of the fgc~ that bonds will be issued upon unpaid a~sessments as above provided.:· * * * * * * 5 • -... .. • • I hereby certify that the foregoing is _a full .. true and correct copy of a resolution duly passed and adopted by the Council of the City of Palo Alto, Cal1forn1a, at a meeting thereof held on the .lfu_ day or __ ...,J_un_e ____ , 19.1.!..., by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Arnold, Beahrs, Berwald, Clark, Comstock, Dias, Gallagher, Norton, Wheatley NOES, councilmen: None ABSENT, Councilmen: Spaeth APPROVED: ' • \: ' ( ! < •, ''