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HomeMy WebLinkAboutRESO 4249411 WJML: KJmh 4-30-69-25 ORIGINAL RESOLUTION NO. 4249 A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE ACQUISITIONS FOOTHILLS GAS SYSTEM ASSESSMENT DISTRICT PROJECT NO. 68-82 RESOLVED, by the Council of the City of Palo Alto, California, that WHEREAS, on the 7th day of April, 1969, said Council adopted its Resolution of Intention No. 4230 to acquire public improvements in said City, and referred the proposed acquisitions to the City Engineer, he being the officer having charge and control of the acquisition of improvements in and for said City of the kind described in said Reso- lution of Intention 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 of said City 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 Clerk of said City, whereupon said 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 matters and thin gs called for by the provisions of said Code, includ- ing (1) maps and descriptions of lands and easements to be acquired, (2) estimate of costs, (3) diagram of district, (4) an assessment according to benefits, and (5) a general description of works and appliances already installed, 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 44,z`. nj • • said Code, whereupon said Council, pursuant to the requirements of said Code, appointed Monday, the 5th day of May, 1969, at the hour of 7:30 o'clock P.M. of said day in the City Hall, Palo Alto, California, as the time and place for hearing protests in relation to said pro- posed acquisitions and directing the Clerk of said City 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 Code, as evidenced by the affidavits on file with said Clerk, whereupon said hearing was duly and regularly held at the time and -place stated in said notice; and WHEREAS, 13 persons interested, objecting to said acquisitions, or to the extent of the assessment district, or to the proposed assessment or diagram, or to the maps and descriptions, 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 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 were fully heard and considered by said Council, and were overruled, and said Council has acquired jurisdiction to order the acquisition of the improvements and the confirmation of 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 for the cost of the project did not, at or prior to the time fixed for said hearing, file written protests against the said proposed acqui- sitions as a whole, or against the said district or the extent thereof to be assessed for the costs and expenses of said acquisi- tions 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 costa and expenses thereof. 2 2. That the district benefited by said acquisitions and to be assessed to pay the costa 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 district in use in the performance of a public function as such shall be omitted from said district and from the levy and collection of the special taxes to be hereafter levied and collected to cover the costs and expenses of said acquisitions. 3. That the Engi::eer's estimate of the itemized and total costs and expenses of said acquisitions 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 acquisitions. 4. That the maps and descriptions of the lands and easements to be actluired, and general description of the works and appliances, as contained in said report, be, and the same are hereby, finally approved and confirmed. 5. That the public interest and convenience require and said Council does hereby order the acquisitions to be made as described in and in accordance with said Resolution 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 also for further particulars pursuant to the provisions of said Palo Alto Municipal Code. 6. That the diagram showing the assessment district referred to and described in said Resolution of Intention, and also the bounda- ries and dimensions of the respective subdivisions of 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, as contained in said report, be, 3 • • • 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 acqui- sitions. 7. That the assessment of the total amount of the costs and expenses of the proposed acquisitions 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 of the expenses incidental 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. 8. That said Engineer's report be, and the same is hereby, finally adopted and approved as a whole. 9. That the Clerk shall forthwith deliver to the Superintendent of Streets the said assessment, together with said 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 for that purpose, and append thereto his certificate of the date of such recording, and such recordation shall be and constitute the assessment roll herein. 10. That 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 Clerk of said City, or to both addresses if said address is not the same, or to the general delivery when no address so appears, a statement containing a designation by street number or other descrip- tion 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 effect of failure to pay within such time, 4 and a statement of the fact that bonds will be issued on the unpaid assessments pursuant to Bond Plan B of said Municipal Code. 11. That said Superintendent of Streets shall also 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 has been recorded in his office, and that all sums as3essed thereon are due and payable immediately, and that the payment of said sums is to be made thirty days after the date of recording 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 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 5th day of May, 1969, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Arnold, Beahrs, Berwald, Clark, Comstock, Gullixson, Pearson, Wheatley NOES, ABSENT, APPROVED: APPROVED: Councilmen: None Councilmen: Mayor as, Gallagher, Spaeth k of the City of Palo Alto 5