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ORDERING ACQUISITION .AHD IMPROVEMENT AHD
CONPIRMIRO ASSESSMENT
ORBOOH AVENUE, ET AL
ACQ.UISITION AND IMPROVEMENT
PROJECT HO. 48-1
RESOLVED, by tl1e City Council ot the City or Pe.lo Alto,
California, tb.2t
153
WHEREAS, said Cit7 Council d1d on the 28th day or March,
1949, adopt 1te Resolution of Intention No. 1833 to order ci,rta1n
acqu1e1 t1ons and improvements to be made in said C1 ty, unde:r and
pursuant to Article V or Ordinance No. 844 of said C1 ty, ad.)pted
January 13, 1941, entitled "Palo Alto Improvement Procedure Code",
and to 1~$ue bonds pursuant to Part 4, Bond Plan C of Article IV
or said Ordinance No. 844, re:".'erence to which resolution cir inten
tion 1s hereby made for a particular deacr1pt1on or the acq·111s1-
tions arld 1mi:-rovements to be made, the boundaries of the a,e.sees
ment district, and the bonds to be issued;
WHEREAS., said resolution of intention hao been d,uly
published twice 1n the Palo Al to T1mee, a newspaper or gen,eral
circulation printed and published in said City, where1n al,l persona
interested, havlng any objections to the proposed acqu1s1-t;i,ona
and imp1"'ovements or against the d1etr1ct to be assessed fc1r the
coete and expenses thereof, or to the engineer's estimate or the
costs and expenses thereof, or against the grades at whicb said
work shall t·e dor1e, or agL.1nst the diagram or assessment, W"ere
notif16d of the time and place ot the hearing as containeci 1n said
r~solut1on or intention and invited to appear oerora said Council
and show cause why said proposed acquisitions and improvement~
ehould not be carried out in accordance with said reeolutj,o.n or
1ritent1on, :sa1d reeolut1~>n or intention was duly published '111t1th1n
the time and in the manner provided 1n said Improvement Px•ooedure
Code, and as directed by said resolution or intention, as a:ppeara
... "'rom the aff1d3.v1t or publication on file 1n the office o1' the City
Clerk or said City; ,
WHEREAS, at the time and place :fixed for said hEtar1ng
protests or objections were made or preeented to the propc>sed
acquisition and imp:r.ovementa, or to the district to be aeueesed,
or to the grades at which said work wa.a to be done, or to the bonds
to be issued to pay the costs and. expenses thereof, 01• to the
engineer's estimate of the eoats and expenses thereof 1 or against.
the diagram or asaesament ~ and all persons interested dea~~r1ng to
be heard were given a.n opportunity to be heard, and all mutters
and things pertaining to said proposed acquisition and 1tnJ>rove
ments were duly he~~~ and considered by said Council, and:said
City Council ha.a acquired jurisd1ct1on to ord\!r said acqu~Laition
and improvements and the conf'1rmat1on of sa1d assessment 1:o pay
the costo an,1 expenses thereof.
NOW, THEREFORE_, 8a1d City Cciuncil does he1•eby F:CND.,
DETERMINE and ORDE.-i:t, as follows:
l. That the plans and specifications for street improve
ments under said Resolution or Intention as prel1m1nar1l;r
approved by said Cit;; Council on March i4, 1949,, be .• and ·~r.:ey are
hereby, finally adopted and approved as the plans and spe·~1t1ca
t1one to which said work ar.d improvement shall be done as called
for 1.n said resolution of '1ntent1on.
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154
2. That the enginee,r• o est1raa.te or the 1 tem1zed and
total estimated cost and expenaes for 3a1d acqu1s1t1on and im
provements, as pre11m1na,r11y a;pproved by aa:td City Council on
Ma.rch 14, 1949, be. and it le hereby, r.tnally adopted and approi.ed
aa the engineer's total and detailed estimate or the costs and
expenses of eald acquls1t1on and improvement.
2a. That. the Mayflel<.1 Depot P11rk and tte property or
tJaid City on the northeast corner or Alm.a Street a.nd Colorado
.P,venue, and other publicly <"l'ilfned property 1n said aesesament
d!strlct, shall be aaees3ed for 1 ts share or the coat or :i.a1d
bener1ts and the amount thereo: paid 1n cash by the City. All
public atrt>et5, alley3 and waye 1n use 1n the performance or
the public runct1.on shall bc-\ omittt;,d rrom the ass.eesment herein ..
after to be made t.o cover the cost or said 1mprcvement.
3. That the maps and descriptions of the lands and
uasements to be ac,qu1red, &8 prel1m1nar1ly approved by eaj.d
C1 ty Coum:11 on Mar·ch 14, 1949, be, and i~hey are h~reby, r1na:n::r
adopted snd approved.
4. 'Ihat the public interest and convenience r 1equ1re,
and said C1tJ' Council does hereby order the acqu1a1tione and
improvements to be made as ~cscribed in and ln accordance with
sa.1d resoluti(.m or 1ntent1on,; on tile 1n the office ot the City
Clerk or said C1 ty, reference to wh1ch 1a hereby mad~ r~:.r a mor·~
particular description or said acqu1n1 tion and 1mprovem.ents and
also ror further part1¢ulara,, pursuant to t'he prov1s1one or
Article V of said Improvement Procedure Code.
5. That ~he City will contribute tow~rrt the cost and
expense or sa.1d pJ:'oject the following:
(a) The coet or grading and eonstruct1ng crushed rock
base pavem,~nt and asphalt1c concrete wearing surface of that por
tion or the street that exceeds 36 reet 1n width and or that
portion or the pavement th1clmess that exceeds 6 inches or
crushed rock base pavement and 2 j,nches or aaphalt1c concrete
wearing surface on Oregon Avenue betwe<':n Alma Street and Louis
Road ana the northeast side only cf Alma Street b~tween Oregon
Avenu~ and Colorado Avenue •
(b) The cost or construct:tng or reconstructing ro:rt'!anc.
cement concrete storm water catch ba3ins and drain pipe on Oregor.•
Avenue between Alma Street and Louis Road.
( c )' The cost or relocating fire hydrants and storm watE·r
catch basins.
(d) The coat of installing temporary storm water catch
bae1ns and connecting d~a1n pipes.
6. That the map of the as~essment district, as prel1D,1nar1ly
approved by the C1 ty council on March 14, 1949, be, a.nd the su1e 1e
hereby, finally adopted and approved aa the mai:i or the assesemtmt
district, and the boundary or sa1d assessment d1atr1ct as showr.:
thereon is hereby c1eterm1ne·d and established to be the boundar,• CJf
the assessment district to pay ror the costs and expenses of sa.1d
a.cq,u1a1 t1on ar1d improvement.
7. That the asaeaament and diagram ro1• the cost an.d ~·X··
peneee of the acquta1 t1on and improvements descr:tbed in n.1d
reaolut1on ot 1.ntentiont as preliminarily approved by eaid C'it;,·
Cow1cil on March 14, 1949, be, and the same :1.s hereby, rat1t'1e<l,,.
approved and confirmed aa the asses&ment and diagram to pa1 the1
costs and expenses or said acquisition and improvement. ,
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8. \That the City Clerk Qf aaid C1ty ahall del1veJ• said
diagram and a&se&ement to the Superintendent ot Streets ot said
City, tog11tther w1 th a cert1t1ed copy or th1a resolution thcireto
attached, and said Superintendent ot Streets shall thereup<1n.
r~cord such ass~sam~nt and diagram 1n his ott1c• in a au1 t.11ble
t?ook to be kept tor that purpose and append thar~to his ce2•t..:.r1-.
cate or the date or such reeord1ng,. and such re~ord 3h&ll lie the
aaiHsament roll to pay ror the costs and expeneea or said ucqu1-
att1on and 1mprovementa.
l.55
9. Immediately upon such record.at1on aaid Superintendent
of Streets shall give notice thereof by two pub11cat1ona 1n the
Palo Alto Times, a newspaper printed and publ1ahed tn said City,
which ~ot1ce ehall set ~orth, among other things, that all ~Wfttl
assessed therein are due and payable at h1s o:f'f1oe 1mmed1at:e.J.:r,
and that payment thereot ia to be made to him within thirty days
a.:rter the date or recording said assessment J wh1eh date aha~ll be
stgted 1n aa.1d notice., and suoh other matt~r~ aa are requ11•ed by
Section 7 or Artic~e V ot eaid Improvement Procedure Code.
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I hereby certify the foregoing to be a. true copy o.1.'
resolution adopted by the City Council ot the City of Palo f.:~to,
California, at a regular meeting thereof" held on the 11th cla~r ot
April, 1949, by the tollowing vote or th~ members thereof:
AYES, &nd in favor thereor, Councilmen: Bentrott, :e.1013~ Uelander,,
Caehel, Freedman, Gaspar, Hill, Montrouil, Jlllorterl, Thoite,
W'1ekett.
NOES, Councilmen: None.
ABSENT, Ccunc1lmen: Bowden, Linder, Merner, "1tehell.
~~1 m'.ty C!!erof or'~:!~
.APPROVED:
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Mayor //