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R E S 0 L U T I 0 N N O. 12_14
OF INTENTION TO MODIFY PROCEEDINGS
CALIFORNIA AVENUE DISTRICT ACQUISITION rtND IMPRO\TEMENTS
PROJECT NO. 48-9
RESOLVED, by the Council of. the City of Palo Alto, California,
that it 1s the intention or s<:dd Council to further modify the
proceedings under its Resolution of Intention No. 1721 adopted
July 26, 1948, ao follows:
1. 'l'hat the public convenience ::md necessity require and 1 t
1s the intention of this Council to change and modify the pro
ceedings by consolidating with the acquisitions already ordered
herein the following work and 1mprovemer~ts 1n the alleys proposed
to be acquired in these proceedings in and for said City, to-wit:
a. The improving of unnamed alleys proposed to be ac
quired within the blocks bounded by Camb?"1dge Avenue,
California Avenue, Park Boulevard and El Camino, and Cali
fornia Avenue, Sherman Avenue·' 0rh1rd Street and El Camino
f\er.tl, all as more particularly described in mapa and dia
grams on file in these proceedings, by grading, removal o~
existing trees and atructurea, constructing storm water
catch basinr. and drall'1 pipe, and constructing crushed rock
base pavement with aaphaltic concrete wearing surface be-
tween property lines.
b. The improving or unnamed pedestrian lanes proposed
to be acquired wi th1n the blocks bounded by Cambridge Av1~nue,
California Avenue, Second Street and El Camino Real, and
California Avenue, Sherman Avenue, Third Street and El
Camino Real, all as more particularly descri~ed in maps and
diagrams on file in these proceedings, by grading removal of.
existing structures, and constructing crushed rock base pave
ment with asphaltic concrete wearing surf~ce between property
lines.
2. That the public convenience and necessity require and it
is the intention of this Co~ncil to change and modify the es
timate of costs for said acquisitions and improvements to not
to exceed $162,500.00.
3. The public convenience and necessity require and 1t ls
the intention of this Council to change and modify the assessment
by increasing it by the cost of the improvement work and increase
the individual asses~ments by their pro rata share of the benefits.
4. Th<:A.t said changes and mod1f:l.cat1ons be mad.e by the City
Engineer uport the face of the plans and estimate of costs on file
with the City Clerk, or by filing amended copies thereof or amend
ments thereto.
5. That reference be, and is hereby, made to the amended
plans and· amended estimate of costs on f1le in the office of the
City Clerk of said City, to which reference is hereby made for
further p3rt1culars.
6. All of said work and improvements are to be constri.icted
at the places and in the part1cula.r locations, of the forms, sizes,
dimensions and materials and to the lines, grades, and elevations
as shown and delineated upon the plan~pltf1les and specifica-
tions prepared therefor and on file in the offices of the Ci'cy
Engineer in the City Hall or said City, reference to which 1s hereby
made for further and detailed description of said proposed ac
quisition and work and for r~rther particulars.
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7. There is hereby excepted froM the above work that which
1.s already done as to 11r.e and grad~ und :narked "excepted" or shown
"not to be done".
8. Said streets, avenues, roads, courts and rights of way
are more particularly shown in the records of the office of the
County Recorder of Santa Clara County, California .• and are shown
on the plarls herein ::"eferred t.o and filed wl th the City Clerk of
said City. The City Council does hereby adopt and establish as
off'lcial grades for said work the grades, and elevations shown
upon aa1d plans and profiles, to which reference is hereby made
ror description thereof. A11 such grade::i and elevations are in
feet and decimals thereof in reference ta the official base and
datum of said City.
9. All of said work and improvements shall be done under
the auperv1s1on of the City Engineer of the City of Palo Alto,
and. all of sald wor1< and material shall be done and furnished to
hie satisfaction.
10. A map or plat of th'~ lands and tmprovemente necessary or
convenient to be taken for s•.1ch proposed improvement has been
r11e~ with the City Clerk and approved by the City Council, to
which reference 1s herE':by made for further particulars.
11. Notice ls hereby given that pursuant to Sec. 2 of Article
V of Ordinance 844 or aa1d City, commonly designated "Palo Alto
Improvement Procedure Code.• adc.pted January 13, 1941, the City
Engineer of said City has f1leC with the City Clerk of said City,
accompanying the plans and specifications above referred to a
statement of the total and 1tem1zed e~timated cost of said ac
qu1si t1ons and improvements, excluslve of 1nc1dental coats and
expenses of this proceeding stating therein separately the es
timated cost of each class of construction proposed and or each
parcel of land or improvement proposed to be acquired, the in
cidental expenses such ~s ~ng1neer1ng, inspection and the cost
of preparing proceedings, which is open to publ.lc inspection.
12. Sald contemplated a.cquis:l.tions and improvements in the
opinion or this Council are of more than local or ordinary public
benefit, and the costs and expenses of said work and acquisitions
and the expenses incidental thereto, shall be made chargeable
upon the District benefited thereby, which District shall consist
of the consolidated and composite areas of all of the parcP.lB of
property fronting on said acquisitions and work, and the exterior
boundaries or said District are hereby determined to be the co
t.erminous boundaries of said composite and consolidated areas.
the properi;y so benefited, a.nd the boundaries thereof, are more
particularly shown on the map of said assessment District on file
in the office of the City Clerk of said City to which reference is
hereby made for a more detailed description thereof.
13. All public streets, alleys and ways in use of the
performance of the public ftmction shall be om1 tted from the as
sessment hereinafter to be made to cover the costs of said im
provement.
14. Notice is further given that there is on file with the
City Clerk a dlag!"am 01' the assessment District showing each lot
o~~ subdivision of land to be assessed and the dimensions thereof,
ar.d assessment of the estimated costs of said work, acqu1si t'ion
an.l improvements upon said lots and parcels according to benefits
to be received from said work, acquisition and improvements, ea~h
of which has corresponding numbers for each such lot or parcel.
15. Notice is hereby given that aerial bonds to represent
the unpaid assessroents and bear interest at the rate of not to
exceed four per cent (4%) per annum w:tll be issued pursuant to
Part 4, Bond Plan C of Article IV of the Palo Alto Improvement
Procedure Code, the last installment of which shall mature nine
ye~!"s (a) from the second day o~ ,J'uly riext succeeding ten months
from their date.
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16. Except aa herein otherwise proV'1ded fol" the 1asuance of'
bonde all of the above proposed work and acquisit1one shall be
done in pursuance of the provisions of Article V of said Palo Alto
Improvement Procedure Code.
17. Said acquisition and improvement proceedings are
analogous and similar in effect to those provided in California
Stntutes o.f 1913 at page 421, et.seq., as amended, and said bond
proceedingo are analogous and s1m1lnr 1n effect to those provided
:tn D1 v1s1on 10 or the California Streets and Highways Code, and,
excepting as herein otherw:1.se provided, these proceedings shall
re~pect1vely be deemed taken pursuant thereto.
18. Pro~eed1ngs have been adopted and taken by said Council
ln full compliance w1th provisions of Sec. 8, Article I of aa!d
Palo Alto Improvement Code.
19. Notice is hereby given that Monday, the 12th day of
December, 1949, at the hour o!' 7:30 o'clock P.M. at the Council
Chambers of the City Council or said City 1n the City Hall of
said City or Palo Alto, 1s hereby fixed as the time and place,
when and where any and all persons having any objections to the
proposed improvements ox· against the district to be assessed. for
the costs and expenses thereof, or to the City Engineer 1 a
estimate of the costs and estimate thereof, or against the grades
at which said work shall be done, or against the d1agram or
assessment, may appear 'before said Council and show cause why
said proposed improvements shall not be carried out in accord
ar".ce with this Resolution of Intention to modify.
20. That a copy of this Resolution be published once in the
Palo Alto Times and posted on the bulletin board at the City Hall,
the publ1cat1on and posting to be at least ten days (10) before
the date set for hearing.
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I hereby certify the foregoing to be a true copy of resolu
tion adopted by the City Council of the City of Palo Alto, Cali
fornia, at a regular meeting thereof held on the 14th day of
November, 1949, by the following vote of the members thereof;
AYES, and in favor thereof, Councilmen: Bentrott, Blois,
:ao lander, Bowden# Cathcart, Freedman, Ga a par, Linder, Merner,
Mitchell, Montreuil, Morten, Wickett.
NOES, Councilmen: None.
ABSEN'r: Councilmen: Hill.
NOT VOTING: Cashel.
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APPROVED:
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