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HomeMy WebLinkAboutRESO 3109't4�Mm�.rvrr.�.r..•.w..--. ,....�wm.«w.r �..ei .., .. ,. ... n awn+-m. .r,..em.wr; '+.•.wh�rt++r.,m.- RRBOLUTI©R NO. 3109 8 1958, i, 8, 1958 FROM RUSSEL V. LIR ,110102111406100K.IANI The Council of the City of Palo Alto resolves: Sectjon 1. This COulicil did heretofore and on December 8, 1958 adopt its resolution approving an agreement of same date with Russel V. Lee and Dorothy Womack Lee for the purchase of real property which is the subject of the litigation entitled, Baker et al:, v. City of Palo Alto, et al., being case No. P 247 Santa Clara County Superior Court. Said Resolution fur4her.authorised the Mayor to, execute the contract and the Clark to attest hie signature. Section 2. After the adoption of the resolution of December 8, 195$, various actions wore taken by various officials of the City looking toward the consummation of the contract. Such actions included the following: Ixecution and attestation of the Contract by the Mayor and City Clerk, Drawing and payment 0! a city warrant in the amount of 4300,000.00 to Western Tiflis Guaranty Company by the City Manager, City Controller and Treasurer, Is/Maance of'Wren instructions re Western Title Guaranty Company by the City Manager and the City of 41reptAl sed to this property described as Exhibit B in the contract from Russell V. Lee and Dorothy Womack Lee by the City Manager AlenelO amo. „of Poi.,*yinf tithe insurance insuring validity of title to property covered by the deed. $pction 3. Within 30 days after the adoption of the resolu- tion of December 8, 1958 there was filed with the City Clerk a referendum petition requesting submission to the electees of the City the question of whether the resolution of December 8, 1958, u :n•:ti7. n•TT`.y'3...•.j l;,w.rr5;� ::+rP .. .. Yirr•:�. w:r^,. „K-,.-un.,n; ;, , z .should b. approved or rejected. Although notconvinced that the attics of De nab r &, 1958 wu 1igts.lattale nano* sub- ject tothe referendum, since under the Otter the Council can itielf submit ratters to the eleators as referendum meas- ures, on January 26, 1959, this Council directed that the matter be placed • ern they blot et the senera,Vmusicipal election to he held en May 12, 1959. Section 4. At such election of May 12, 1959, there was submitted to the electors of the City of Palo Alto the follow- ing proposition: Do you approve of the resolution of the City Council dated December 8, 1958, approving and authorising the contract for the purchase of Foothill lands? The official vote on such proposition was: Yip 6648 No 4041 Section 5. It is this Council's belief that the election itself amounted to a ratification of actions taken. However, it would seem clear that, however the dispute over referendum might be resolved, the resolution of December 8, 1958 which approved and authorized the contract was at most suspended until the people either approved or rejected and that their approval has made the December 8, 1958 resolution fully effective for all purposes. This Council does hereby.ratify and confirm all actions taken pursuant to the resolution of December 8, 1958 and the con- tract of the same date, including but not limited to the actions listed in Section 2 hereof and does hereby declare that it would now take, direct or authorize each of such actions if such actions 2- 1 had not already been completed. Introduced and passed at a regular meeting of the Council of the City of Palo Alto held on Monday, the y , 1959, by the following vote: AYES: NOES: 25th day of Bybee, Cresap, Davis, Evans Giffin, Marshell, Mitchell, Nevis, Porter, Rodgers, Stephens, Woodward. None ABSENT: Bishop., Corcoran and Ruppentha] 7 APPROVED: 3 ,ii