HomeMy WebLinkAboutCity Council Resolution 141 A RESOLUTION CONFIRMING ASSESSMFI~T
MT, EDJN ESTATES
ASSESSMENT DISTRICT NO. 1
RESOLVED, by the City Council of the City of Saratoga, Cali-
fornia, that
WHEREAS, said Council did, on the 18th day of October, 1961,
adopt its Resolution of Intention No. 108 to order certain improve-
ments to be made in said City under and pursuant~D the Improvement
Act of 1911, and to issue bonds pursuant to said Resolution of Inten-
tion and in accordance with the Improvement Bond Act of 1915, refer-
ence to which Resolution of Intention being hereby made for a particu-
lax description of the improvements to be made, the boundaries of the
assessment district and the boDa~$ to be issued;
WHERFAS, after due publication of said Resolution of Intention
and hearing thereon, this Council adopted its Resolution Ordering the
Work to be done, and pursuant thereto, duly adopted its resolution
awarding a contract for the doing of said work to Sondgroth Brothers
Construction Company, it being the lowest responsible bidder for said
work;
WHEREAS, notice of award of said contract was duly published as
required by law~
W~EREAS, the owners of three-fourths of the frontage of lots
and lands liable to be assessed. or their agents. did not elect to
take the work and enter into a written contract to do the whole work
at the price stated in said bid;
WHEREAS, the contractor performing the work under the aforesaid
contract has duly performed said work and fulfilled said contract to
the satisfaction of the Superintendent of Streets;
W~EREAS, said Superintendent of Streets forthwith made an assess-
ment to cover the sum due for work performed and specified in said
contract, including all incidental expenses in conformity with the
provisions of Division 7, Part 3, Chapter 16 of said Improvement Act
of 1911;
WHEREAS~ said assessment was duly filed with the City Clerk of
said City and said Clerk duly gave notice of the filing of said assess-
ment, which notice fixed therein a time and place when and where all
persons interested in the work done, or in the assessment, would be
heard by this Council:
WHEREAS, said notice was duly posted, published and mailed in
the manner and form as required by law, as evidenced by affidavits
on file with the City Clerk of said City; and
WHEREAS, at the time and place fixed for said hearing m0 w~itten
protests or objections were made or presented with refer-
ence to work performed under said contract or to the assessment, or by
persons who claimed that the work was not performed according to the
contract in a good and substantial manner or that any portion of the
work was ~nitted or illegally included in the contract or having or
making any objections to the correctness of the assessment, diagram,
or to the act, determination or proceedings of the Superintendent of
Streets, and all persons desiring to be heard were given an opportunity
to be heard and all matters and things pertaining to said contract,
and the performance theredf, and to said diagram and assessment, were
duly heard and considered by this Council, and this Council has ac-
quired jurisdiction to confirm said assessment and to pay the costs
and expenses thereof.
NOW, THEREFORE, IT IS FOUND, DETERMINED and ORDERED, as follows:
I. That all protests and objections are hereby overruled, and
this Council has Jurisdiction to ratify, approve and confirm said
assessment.
2. That all acts, determinations and proceedings of the Super-
intendent of Streets with reference to said work were duly and legally
performed and made.
3. That the work under said contract was performed in accordance
therewith in a good and substantial manner.
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4. That no portion of said work was omitted.
5. That no portion of said work was illegally included in said
contract.
6. That the assessment and diagram for the costs and expenses of
said improvements under said Resolution of Intention is valid, legal
and correct in all respects.
7. That said assessment and diagram be, and the same are hereby
ratified, approved and confirmed as the assessment and diagram to pay
the costs and expenses of said improvements.
I hereby certify that the foregoing is a full, true and correct
copy of a resolution duly passed and adopted by the City Council of the
City of Saratoga, California, at a meeting thereof held on the 6th day
of February, 1963, by the following vote of the members thereof:
AYES, and in favor thereof, Councilmen: Brazil, Glennon, Drake,
}~rtman, Ri~chie
NOES, Councilmen: None
ABSENT, Councllanen: None
Deputy C~ty Clerk of the City of S~ratoga
APPROVED:
Mayor
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