HomeMy WebLinkAboutRESO 4199•
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CIIG1NAL
RESOLUTION NO. 4199
A RESOLUTION DETERMINING CONVFr1IENCE AND NECESSITY
ADOPTING ENGINEER'S REPORT, CONFIRMING ASSESSJ4E
AND ORDERING WORK AND ACQUISITIONS
MISCELLANEOUS STREETS PROJECT NO. 67-3
RESOLVED, by the Council of the City of Palo Alto, California,
that
WHEREAS, on the 6th d ay of M ay, 1968, said C ouncil
a do pte d its Resolution No. 4122 of Preliminary Determinatio n and
of In tention tha t the public interest, conve nie nce and necessity
required and that it in tended to order certain acq uisitions a nd
improvemen ts therein particula rly described, and referred then
propo sed acqu isitions an d improvement to the City Enginee
bein g the o fficer having charge and control of the .pcq uia.ion
and construction of public improvemen ts in and fo r said City of
the kind described in said Resolution , and being a competent per-
son employed by said City for that pur pose;
WHEREAS, sa id Council thereby directed sa id City Engineer to
ma ke and file with the City Clerk a repor t in writin g in ac^or-
dance with and pursu ant to the Municipal Improvement Act of 1913;
WHEREAS,. said report wa s duly made and filed with the City
Clerk, whereupo n the Clerk presented it to this Co uncil for co n-
sidera tion;
WHEREAS, this Council thereupon duly cons ide red said repo rt
and each and ever y part thereo f, an d fou nd tha t it conta ined a ll
the matters and things called far by the pr ovisio ns of said Code,
including (1) plan s a nd spe cifications of the proposed improve •
-
ments, (2) estim ate of costa, (3) dia gram of district, (4) an
assessme nt according to be nefits, an d (5) maps and descriptions
of la nds and ea se ments to be acqu ired, a ll of W hich wa s done in
the form a nd manne r requir ed by sa id Act;
WHEREAS, said Council fo und that said report an d each an d
every part thereof was su fficien t in e very particular an d determined
that it sh ould sta nd as the report for all s ubseq ue nt proc eedings
under said Act and said Resolution of Prelimi nary Determi natio n
and of Intention, where upon said Council, pursu ant to the require-
men ts of said Act, appointed Tuesday, the 12th day of November, 1968,
at the hou r of 7:30 o'clock P.M. of said day in the Co uncil
Chambers, City Hall, Palo Alto, Califor nia, as the time and , place
for hearing protests in relatio n to s aid pr oposed acquisitions
and improvements, and directed the Clerk of said City to give
notice of said hearing as required by s aid Act;
WHEREAS,- it appears that notices of said he aring were d uly
and r egular ly posted and published in the time, for m and manner
require d by said Act as ev idenced by the affida vits on file with
said_Clerk, whe reu pon said herring was duly and regularly held at
the time a nd place advertised in said notices;
WHEREAS, 56 person s interested, objecti ng to s aid
a cqu isitions an d improv ements, or the exte nt of the assessme nt
district, or to the proposed a ssessment or diagram, or to . the maps
an d descriptions, or to the grades at which said wor k will be d one,
or to the Engineer's estima te of the costs and e xpen ses there of,
filed written protests with the City Cler k et or befo re the time
set for sa id hearing, and a ll person s interested desirin g to be
heard wer e given an opportunity to be hea rd, a nd all ma tters a nd
thin gs per taining to said a cquisitions and im provements were fully
and certain modificatio ns we re duly
hea rd and considere d by said Co unci4 ordere=:by said Council;
NOW, THEREFORE, said Co uncil does hereby FIND, DETERMINE
and ORDER, as follows:
1. That the owners of one -halt of the area of the proper ty
to be assessed fo r the cost of said pro ject did:notat or prior
to the time fix ed for said hear ing, file written pro tests against
the said acquisitions an d improvements, or as to the Engineer's
es-tima t3 of the costs an d expen ses of said project, or against
the maps and descriptions, or a gainst the grades -at which said
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work is proposed to be do ne, or against the diagram and assessment
to pay the costs and expe nses thereof.
2. Th at any a nd all protests made either to the questi on of
the pu blic interest, c onvenience and necessity of making laid acqui-
sitions and impr oveme nts under said Resol ution of Preliminary Deter-
mination and of Intenti on, or to said proposed acq uisitions and
improve ments, or the grades to which said w ork is propos ed to be
don e, or the extent of the assessment district, or the m aps and
descriptions, or the a mounts of the se veral assessments, and all
persons desirin g to be heard in relation to any of s aid matters,
w hether as protestant° or otherwise, have bee n fully heard and
considere d, and a re hereby overruled.
3. That the public inter est, convenience and necessity
requ ire the acqu isitions a nd impro vemen ts in the manner proposed
an d Division 4 of the Stre ets a nd Highways Code sh all not apply .
4. Tha t the district benefited by said acquisiti ons and
improv ements a nd to be a ssessed to pay the costs and exp enses
thereo f, and the exte rior bounda ries there of, is the district
de scribed La said Resolution of Prelim inary Determin ation and of
Intention.
5. That the Engineer's estimate of the itemised and total
costs and e xpenses of said acquisitions and improvements, an d of
the incidental expenses in co nnection the re with, contained in
as modified,
said report,/be, and it is hereby, finally ado pted a nd approved
as the Engin eer's total a nd deta iled estimate of the coats a nd
expenses of said acqu isitions and im provemen ts.
6. That the pla ne a nd specifications fort the proposed
/
im prov ements, contained in said reportbbe moans to y are hereby,
fina lly ado pted and a pproved as the plans and specifica tio ns to
which said work sha ll be do ne as called for in sa id Resolution of
Prelimin ar y Determination a nd of Intention .
7. Tha t the maps an d descriptions of the la nds and easemen ts
mod
to be acquired, as contained in said report, be, and the same are
hereby, approved and co nfi rmed.
8. That the public inter est, conve nie nce and necessity
require, and said Council does hereby order the acquisiti ons and
im pro vem ents to be made as des cribed in and in accordance with s aid
Resolution of Prelimi nary Determination and of Intenti on on file
as m odified,
in the office of the Clerk of said City4reference to which is
hereby made for a. more particul ar d escription of s aid acquisitions
an d improvemen ts an d for further particulars, pursuant to the pro-
vision s of sa id Act.
9. Tha t the diagra m showing the assessment dist rict refer red
to and descr ibed in said Resolution of P reliminary Determinati on
and of Inten tion, and also the boundaries and dime nsio ns of the
respective subdivisions of land within said district as the same
existed at the time of the pa ssage of said Resolution, each of
which subdivisions having been given a se parate number upon said
diagram , as contained in said repo rt, be, and it is hereby, finally
appro ved and con firmed as the diagr am of the properties to be
assessed to pa y the co ats an d expen ses of said acqu isitions and
impro vemen ts.
10. Tha t the assessment of the to tal amou nt (a fter deducting
contribu tions) of the costs and e xpensee of the pro pose d acqu isi-
tiona.an d improvements upon the several subdivisioua of lan d in
said assessment district in proportion to the estimated benefits
to be received by said subdivisions, r espectively, from said
a cquisitions and Improvemen ts an d of the expe nses incidental there-
to ,
to , as contained in said report,/g11, taan a ear is hereby,
finally approved and confirmed as the a ssessment to pay the costs
and expen ses of said acqu isitions and improvemen ts.
as modified,
11. That the lgin aer+e rsporl' be, and the some is here by,
finally con firmed and approv ed as a who le,. "
12. That the Clerk of sa id City shall for thwith deliver to
the Superintende nt of Streets the said assessment togp►ether with
diagram thereto attached and made a part thereof, asniireAy 88
this Council, with h er certificate of such c onfirmatio n thereto
a tta ched and of the date the reof; and th at said Superintende nt of
Streets shall record said diagram and assessme nt in his office in
a suitable book to be kept for that purpose, and sh all appe nd
thereto his certificate of the d ate of such recording, and such
recordation sha ll be and constitute the assessment roll herein.
13. Tha t said Superinte nd ent of Str eets, up on the recording
of said dia gra m an d assessment, shall m ail to e ach owner of real
property within the a sse ssment district, at his l ast -known address
as the sa me appea rs on the tax rolls of the City, or on file in
the office of the City Clerk, or to both addresses if s aid address
is no t the same, or to the gen eral delivery when no address so
a ppears, a stateme nt con ta inin g a designa tion by street number or
o ther descriptio n of the pro per ty a ssessed sufficient to en able
the owner to iden tify the same , the a mount of the assessment, th e
date of the recordation of s aid a ssesament, the time and place
of paymen t thereof, the effect of fa ilure to pa y within such time,
a nd a statement of the fa ct that bonds will be issue d on unpaid
a ssessments pursuant to the Impr ovement Bond Act of 1915.
14. That said Su perintenden t of Streets shall also cause
Notice to Pay Assessments to be -published in te n su ccessive issues
of the Palo Alto Times, a newspaper published a nd circula ted in
sa id City, tha t sa id assessment has been recor de d, and that all sums
a sse ssed thereon a re due and pa yable imm ediately , and that the
payment of said sums is to be ma de within thirty (30) days after
the date of recording sa id asse ssm en t, which date shall be sta ted
in said notice, and of the fact tha t bonds will be issued upo n
unpa id assessmen ts as abov e pro vided.
* • • * • •
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I hereby c ertify that the foregoing is a f ull, true and
correct copy of a resol ution duly passed and adopted by the
Cou ncil of the City of Palo Alto,
of held on thee' day o
follo wing v ote of the membe s ereof:
or nia, at a meeting there -
14f2 by the
AYES, a nd in favor thereof, Cou ncilmen: A rn old, Be rwald, Clark,
Comstoc k, D ias, Gallaghe r, Gullixson, Pearson, Sp aeth, Wheatley
NOES, Councilmen:
ABST AIN: Counc ilmen:
ABSENT, Co uncilmen:
APPROVED:
None
eahrs
on e
APPROVED:
of the City of Palo Alt o