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HomeMy WebLinkAbout102-1. A Resolution of Intention.pdf 1 RESOLUTION NO. A RESOLUTION OF INTENTION TO ORDER THE LEVY AND COLLECTION OF ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 FISCAL YEAR 2011-2012 WHEREAS, pursuant to (1) Resolution No. 11-009, "A Resolution Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 2011-2012", for City of Saratoga Landscaping and Lighting District LLA-1, adopted on March 2, 2011, by the City Council of Saratoga, pursuant to the Landscaping and Lighting Act of 1972 and (2) Resolution No. 11-017, "A Resolution Describing Improvements and Directing Preparation of Engineer's Report For Annexation of a New Zone to City of Saratoga Landscaping and Lighting District LLA-1” adopted on April 6, 2011, the Engineer of said City has prepared and filed with the City Clerk the written report called for under the Act and by the Resolutions, and the report has been submitted and preliminarily approved by this Council in accordance with the Act; NOW, THEREFORE, it is hereby found, determined and ordered, as follows: 1. In its opinion the public interest and convenience require and it is the intention of this Council to order the levy and collection of assessments for Fiscal Year 2011-2012 pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California, for the construction, installation, maintenance, and/or servicing of the improvements, , more particularly described in Exhibit "A" hereto attached and by reference incorporated herein. 2. The cost and expenses of said improvements, including the maintenance and/or servicing thereof, are to be made chargeable upon the assessment district designated as "City of Saratoga Landscaping and Lighting District LLA-1," the exterior boundaries of which are more particularly described on a map thereof on file in the office of the Clerk of the City of Saratoga, which is incorporated by reference herein. Said map indicates by a boundary line the extent of the territory included in the district and of any zone thereof and the general location of said district.3. The Engineer's Report preliminarily approved by this Council on the day this Resolution is adopted and on file with the City Clerk of this City, is hereby referred to for a full and detailed description of the improvements and the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district. 2 4. Notice is hereby given that Wednesday, the 15th day of June, 2011, at the hour of 7:00 p.m. in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, a public hearing will be held by this Council on the question of the levy and collection of the proposed assessment for the construction, installation, maintenance, and/or servicing of said improvements. At this public hearing, the City Council will consider all oral statements and all written protests made or filed by any interested person at or before the conclusion of said hearing, against said improvements, the boundaries of the assessment district and any zone therein, the proposed diagram or the proposed assessment, or to the Engineer's estimate of the cost of the improvements. At the close of this public hearing, the City Council will consider and finally act upon the Engineer's report and tabulate the ballots. 5. The City Clerk is hereby directed to give notice of said hearing by causing a copy of this Resolution to be published once in the Saratoga News, a newspaper published and circulated in the City, and by conspicuously posting a copy thereof upon the official bulletin board customarily used by the City of Saratoga for the posting of notices, said posting and publication to be had and completed at least ten (10) days prior to the date of hearing specified herein. The Clerk is further directed to post all notices and distribute all ballots required by Article XIIID and sections 4(c) and (d) of the California Constitution in accordance with the requirements thereof. 6. The Office of the City Engineer is designated as the office to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during the regular office hours at the City Hall, 13777 Fruitvale Avenue, Saratoga, California 95070, or by calling (408) 868-1241. * * * * * Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 20th day of April, 2011, by the following vote of the members thereof: AYES: NOES: ABSENT: ABSTAIN: Howard A. Miller, Mayor Attest: City of Saratoga Ann Sullivan, City Clerk 3 Exhibit A DESCRIPTION OF IMPROVEMENTS The design, construction or installation, including the maintenance or servicing, or both, thereof, of landscaping, including trees, shrubs, grass or other ornamental vegetation, statuary, fountains and other ornamental structures and facilities, and public lighting facilities for the lighting of any public places, including traffic signals, ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances, including the cost of repair, removal or replacement of all or any part thereof, providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; electric current or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; and the operation of any fountains or the maintenance of any other improvements all as more particularly described in the City of Saratoga Landscaping and Lighting District LLA-1 Engineer’s Report Fiscal Year 2011/2012 dated April 11, 2011 and the City of Saratoga Westbrook Landscaping and Lighting District Annexation to Landscaping & Lighting Assessment District LLA-1, Zone 34 Engineer’s Report for fiscal year 2011/2012.