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HomeMy WebLinkAboutRESO 4240• • ORIGINAL t . WJML : KJmh 14 -.i8 -b9-25 A RESOLUTION DETERMINING CONVENIENCE AND NECESSITY, ADOPTING ENGINEER'S REPORT, CONFIRMING ASSESSMENT AND ORDERING WORK AND ACQUISITIONS OLD TRACE ROAD, ET AL. PROJECT NO. 6244 1969 PROCEEDINGS RESOLVED, by the Council of the City of Palo Alto, California, that WHEREAS, on March 10, 1969, said Council adopted its Reso- 7cation No. x#215 of Preliminary Determination and of Intention that the public interest, convenience and necessity required and that it intended to order certain acquisitions and improvements therein particularly described, and referred the proposed acquisitions and improvements to the City Engineer, he being the officer having charge and control of the acquisition and construction of public improvements in and for said City of the kind described in said Resolution, and being a competent person employed by said City for that purpose; WHEREAS, said Council thereby directed said 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; WHEREAS, said report was duly made and filed with the City Clerk, whereupon the Clerk presented it to this Council for consideration; WHEREAS, this Council thereupon duly considered said report and each and every part thereof, and found that it contained all the ;natters and things called for by the provisions of said Code, including (1) plans and specifications of the proposed improve- ments, (2) estimate of costs, (3) diagram of district, (4) an assessment according to benefits, and (5) maps and descriptions of lands and easements to be acquired, 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 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 said Code, appointed Monday, the 28th day of April , 1969, at the hour of 7:30 o'clock P.M. of said day, in the Council Chambers, City Hall, Palo Alto, California, as the time and place for hearing protests in rela- tion to said proposed acquisitions and improvements, and directed 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, published,and mailed in the time, ford► and manner required by said Code, as evidenced by the affidavits on file with said Clerk, whereupon said hearing was duly and regularly held at the time and place advertised in said notices; WHEREAS, 12 persons interested, objecting to the undertaking of said proceedings without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, to said acquisitions and improvements, or the extent of the assessment district, or to the proposed assessment or diagram, or to the maps and descriptions, 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 City Clerk at or before the time set for said hearing, and all persons interested desiring to be heard were given an opportunity �o be heard, and all matters and things pertain- ing to said acquisitions and improvements were fully heard and con- sidered by thl.s Council; NOW, THEREFORE, said Council does hereby FIND, DETERMINE 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 2 time fixed for said hearing, file written protests against the said acquisitions and improvements, or as to the Engineer's estimate of costs and expenses of said project, or against the maps and descrip- tions, or against the grades at which said work is proposed to be done, or against the diagram and assessment to pay for the costs and expenses thereof. 2. That any and all protests made either to the question of the public interest, convenience and necessity of making said acquisitions and improvements under said Resolution of Preliminary Determination and of Intention, or to said proposed acquisitions and improvements, or the grades to which said work is proposed to be done, or the extent of the assessment district, or the maps and descriptl.one, or the amounts of the several aseeasmente, and all persons desiring to be heard in relation to any or said matters, whether as protestant' or otherwise, have been fully heard and considered, and are hereby over- ruled. 3. That the public:. interest, convenience and necessity require the acquisitions and improvements in the manner proposed, and Divi- sion 4 of the Streets and Highways Code shall not apply. 4. That the district benefited by said acquisitions and improvements and to be assessed to pay the costs and expense" thereof, and the exterior boundaries thereof, is the district described in said Resolution of Preliminary Determination and of Intention, 5. That the Engineer's estimate of the itemized and total costs and expenses of said acquisitions and improvements, and of the es: modified, 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 acquisi- tions and improvements. 6. That the plans and specifications -for the proposed improve- ments, contained in aatd 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. 7. 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. 8. That the public interest, convenience and necessity require and said Council does hereby order the acquisitions and improvements to be made as described in and in accordance with said Resolution of Preliminary Determination and of intention on file in the office of the Clerk of said City, reference to which is hereby made for a more particular description of said acquisitions and improvements and for further particulars pursuant to the provisions of said Cede. 9. That the diagram showing the assessment district referred to and described in said Resolution of Preliminary Determination and of Intention, and also the boundaries and dimensions of. the respective subdivisions cif land within said district as the flame existed at the time of the passage of said Resolution, each of • hi.ch subdivisions 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 costa and expenses of said acquisitions and improvements. 10. That 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 assessment district in proportion to the estimated benefits to be received by said subdivisi,ons,. respectively, from said acquisitions and improvements, and of the as modified, expenses incidental thereto, as contained in said report,/ be, and the same is hereby, finally approved and confirmed se the assessment to pay the costs and expenses of said acquisitions and improvements. 4 • as modified, 11. That the Engineer's report/be, and the same is hereby, finally confirmed and approved as a Whole. 12, That the Clerk of this City shall forthwith deliver to the Superintendent of Streets of said City the said assessment together with the diagram thereto attached and made a part thereof, as con- firmed 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 for that purpose, and shall append thereto his certificate of the date of such recording, and such recordation shall be and constitute the assessment roll herein. 13. That said Superintendent or 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 said City or on tile in the office of the Clerk of said City, or to both addresses it said address is not the same, or to the genera, d0,lvery when no address po appears, a state- ment containing a designation by street number or other description of the property assessed sufficient to enable the owner to identify the same, the amount 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. 14. That said Superintendent of Streets shal], alio 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 hao 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 recording 5 said assessment, which date shall be stated in said notice, and of the fact that bonds will be issued upon unpaid assesementa as above provided. * * 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, California, at a meeting thereof held on the 28th day of April , 1969, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Arnold, Berwald, Clark, Comstock, Dias, Gallagher, Gullixson, Pearson, Spaeth, Wheatley NOES, Councilmen: None ABSENT, Councilmen: Beahrs APPROVED: APPROVED: 6 f the City of Palo Alto