HomeMy WebLinkAboutRESO 4091RESOLUTION NO. 4091
ORIGINAL
A RESOLUTION DETERMINING CONVENIENCE AND NECESSITY,
ADOPTING ENGINEER'S REPORT, CONFIRMING ASSESSMENT
AND ORDERING WORK AND ACQUISITIONS
GREEN ACRES II UNDERGROUND UTILITIES CONVERSION
PROJECT NO. 66-6
RESOLVED, by the Council of the City of Palo Alto, California, that
WHEREAS, on the 22nd day of January, 1968, said Council adopted its
Resolution No. 4067 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 particu-
larly described, and referred the proposed acquisitions and improvement
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 matters
and things called for by the provisions of said Code,including (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 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 llth day of March, 1968, 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 relation to
said proposed acquisitions and improvements, and directed 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 and published in the time, form and manner required by
said Code, as evidenced by the affidavits on file with said Clerk, where-
upon said hearing was duly and regularly held at the time and place
advertised in said notices;
WHEREAS, 15 persons interested, objecting to said acqui-
sitions 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 per-
sons 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 said Council;
NOW, THEREFORE, said Council does hereby FIND, DETERMINE and ORDER,
as follows:
1. That the owners of one-half of the area of they property to
be assessed for the cost of said project did not at or prior to the
time fixed for said hearing, file written protests against the said
acquisitions and improvements, or as to the Engineer's estimate of the
costs and expenses of said project, or against the maps and descrip-
tions, or againstthegrades at which said work is proposed to be done,
or against the diagram and assessment to pay 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,
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or the grades to which said work is proposed to be done, or the extent
of the assessment district,*or the maps and descriptions, or the amounts
of the several assessments, and all persons desiring to be heard in
relation to any of said matters, whether as protestants or otherwise,
have been fully heard and considered, and are hereby overruled.
3. That the public interest, convenience and necessity require
the acquisitions and improvements in the planner proposed, and Division 4
of the Streets and Highways Code shall not apply.
4. That the district benefited by said acquisitions and improve-
ments and to be assessed to pay the costs and expenses thereof, and the
exterior boundaries thereof, is the district described in said Resolu-
tion 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 inci-
as modified,
dental 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
and improvements.
6. That the plans and specifications for the proposed improve -
as modified,
ments, contained in said 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 Deter-
mination 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
as modified,
Clerk of said City, reference to which is hereby made for a more par-
ticular description of said acquisitions and improvements and for further
particulars, pursuant to the provisions of said Code.
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9. That the diagram showing the assessment district referred to
and described in said Resolution of Preliminary Determinatign and of
intention, and also the boundaries and dimensions of the respective sub-
divisions of land within said district as the same existed at the time
of the passage of said Resolution, each of which 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 dia-
gram of the properties to be assessed to pay the costs and expenses of
said acquisitions and improvements.
10. That the assessment of the total amount (after deducting con-
tributions) 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
subdivisions, respectively, from said acquisitions and improvements and
as fled,
of the expenses incidental thereto, as contained in said report, pe,
and the same is hereby, finally approved and confirmed as the assessment
to pay the costs and expenses of said acquisitions and improvements.
a a 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 said City shall forthwith deliver to the
as modified,
Superintendent of Streets the said assessment together with 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 shall append thereto his certificate of the date of
such recording, and such recordation shall be and constitute the assess-
ment roll herein. -
13. 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
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City Clerk, 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 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 shall also 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 has been recorded, and that all sunsassessedthereon 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 said assess-
ment, which date shall be stated in said notice, and of the fact that
bonds will be issued upon unpaid assessments as above provided.
1 hereby certify that the foregoing is a full, true and correct
copy of a resolution duly passed and adopted by theCouncilof the City
of Palo Alto, California, at a meeting thereof held on the 11611 day
of March , 1968, by the following vote of the members thereof:
AYES, and in favor thereof, Councilmen: Arnold, Beahrs, Berwald, Clark,
Comstock, Cooley, Dias, Gallagher, Pearson, Spaeth, Wheatley
NOES, Councilmen: None
ABSENT, Councilmen: None
of- the Cfty of Palo Alto
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