HomeMy WebLinkAboutCity Council Resolution 272 1. ~L:JS :pk 6 1-65 80
,,RESOLUTION N0. 272
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT,
CONFIRMD{G TE ASSESSMENT AND ORDERING THE WORK
AND ACQUISITIONS
SARATOGA AND COX AVENUES STORM DRAIN AND
SANITARY SEWERAGE PROJECT
RESOLVED, by the City Council of the City of Saratoga,
California, that'
WEEAS, on the 4th day of November, 1964, said Council
adopted its Resolution of Intention No. 211 as subsequently
amended, to acquire and construct public improvements in said
City, and referred the proposed acquisitions and improvements to
the Engineer of Work of said City, he being the officer having
charge and control of the acquisition and construction of im-
provements in and :for said City of the kind described in said
Resolution of Intention, as amended, and being a competent person
appointed by said Council for that purpose;
WEEAS, said Council thereby directed said Engineer of Work
to make and file with the City Clerk of said City a report in
writing in accordance with and pursuant to the Municipal Improve-
ment Act of 1913;
WHEREAS, said report was duly made and filed with the City
Clerk of said City, whereupon said Clerk presented it to the
Council for consideration;
WHEREAS, said 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 Act,
including (1) maps and descriptions of lands and easements to
be acquired; (2)plans and specifications of the proposed improve-
ments; (3) estimate of costs; (4) diagram of district, and (5)
an assessment according to benefits, all of which was done in
the form and manner required by said Act;
WHEREAS, said Council found that said report and each and
every part thereof was sufficient in every particular and deter-
minued that it should stand as the report for all subsequent pro-
ceedings under said Act, whereupon said Council, pursuant to the
requirements of said Act, appointed Wednesday, the 16th day of
June, 1965, at the hour of 8:00 o'clock P.M., of said day' in
the Council Chambers, City Hall, Saratoga, California, as the
time and place for hearing protests in relation to said proposed
acquisitions and improvements, and directing the Clerk of said
City to give notice of said hearing as required by said Act3
WHEREAS, it appears that notices of said hearing were duly
and regularly posted, mailed and published in the time, form.
and manner required by said Act, as evidenced by the affidavits
on file wit:~.~ said Clerk, whereupon said hearing was duly and
regularly held at the time and place stated in said notice; and
WHEREAS, ~ persons interested, objecting to said
acquisitions and improvements, or to the extent of tl~e assess-
ment district, or to tt~e proposed assessment or diagram~ or to
the maps and descriptions, or to t]::~e grades at wlnich said work
will be done, or to the Engineer's estimate of the costs and ex-
penses thereof, filed written protests with the City Clerk of
said City at or before the time set fo~ hea~lri.ng, and ~!~ll persons
interested desiring to be heard were givev~ an opportunitF' to be
heard, and all matters and things pertaining to said acquisitions
and improvements were fully heard and considered by said. Council
and said Council has acquired Jurisdiction to order said acqui-
sitions and improvements and 'the confirmation of said diagram
and assessment to pay the costs and expenses thereof.
NOW, TEEFOE, said Council does hereby FIND, DETERMINE and
0RDER~ as follows:
1. That the owners of one-half of the area to be assessed
for the cost of the project did not, at or prior to the time fixed
for said hearing file written protests against the said proposed
acquisitions and improvements as a whole, or against the said
district or the extent thereof to be assessed for the costs and
expenses of said acquisitions and improvements as a whole, or as
to the Engineer's estimate of said costs and expenses~ or against
the maps and descriptions, or against the diagram or assessment
to pay for the costs and expenses thereof.
2. That the district benefited by said acquisitions and im-
provements and to be assessed to pay the costs and expenses there-
of, and the exterior boundaries thereof are more particularly des-
cribed in said Resolution of Intention, as amended, and made a
part hereof by reference thereto. That all public streets and
highways within said assessment district in use in the performance
of a public function as such shall be omitted from said district
and from the levy and collection of the special taxes to be here-
after levied and collected to cover the costs and expenses of said
acquisitions and improvements.
3. That the plans and specifications for the proposed im-
provements, contained in said report, be, and they are hereb~~,
finally adopted and approved as the plans and specifications to
which said work shall be done as called for in said Resolution
of Intention, as amended.
4. That the Engineer's estimate of the itemized and total
costs and expenses of said acquisitions and improvements, and of
the incidental expenses in connection therewith, contained in said
report, be, and it is hereb~r, finally adopted and approved as the
Englneer's total and detailed estimate of the costs and expenses
of said acquisitions and improvements.
5. That the maps and descriptions of the lands and easements
to be acquired, as contained in said report, be, and the sa~ne are
hereby, finally approved and confirmed.
6. That the public interest and convenience require, and
said Council does hereby order the acquisitions and improvements
to be made as described in and in accordance with said Resolution
of Intention, as amended, on file in the office of t~e City Clerk
of said City, reference to which is hereby made for a more part~c~
lar description of said acquisitions and improvements, and also
for further particulars pursuant to the provisions of said Munici-
pal Improvement Act of 1913.
7. That the diagram showing the assessment district referred
to and described in said Resolution of intention, as amended, and
also the boundaries and dimensions of t~e respective subdivisions
of land witk'~in said district as the same existed at the time of
the passage of said Resolution of Intention, as amended~ each of
whict~ 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 diagram of the properties to be
assessed to pay the costs and expenses of said acquisitions and
improvements.
8. That tkl'~e assessment of the total amount of the costs
expenses of tL~e proposed acquisitions and improvements upon t~e
several subdivisions of land in said district in proportion to the
estimated benefits to be received by said subdivisions, respec-
tively, from said acquisitions and improvements, and of tt~e ex-
penses incidental thereto~ contained in said report, be, and the
same is hereby, finally approved and confirmed as t3~e assessment
to pay the costs and expenses of said acquisitions and improvements
9. That said Engineerls report be~ and the same is hereby~
finally adopted and approved as a whole.
lO. That the City Clerk shall forthwith deliver to the
Superintendent of Streets the said assessment, together
said diagram thereto attached and made a part thereof~ as con-
firmed by this Council~ with his certificate of sucin~ confirmation
t~ereto attached and of the date t~ereof; and t~at said Superin-
tendent of Streets shall record said diagram and assessment in
his office in a suitable book to be kept for tl~at purpose, ~nd
append thereto his certificate of the date of suc~ recording,
and such recordation shall be and constitute t~e assessment toil
~erein.
ll. That said Superintendent of Streets, upon the recording
of said diagram and assessment, shall mail to e~cl~ owner of real
property within the assessment district at ~is last know~ address
as tl~e same appears on the tax rolls of t~e City or on file in
the office of the City Clerk c~ said City~ 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 proDert~ assessed suf-
ficient to enable the owner to identify the same, the amount of
the assessment, the time and place of payment thereof, t~I~e effec~
of failure to pay within such time~ and a statement of the fact
tl~at bonds will be issued on the unpaid assessments pursuant to
the Improvement Bond Act of 1915, ~he last installment of ~hich
bonds shall mature not to exceed fourteen (14) years from the
second day of July next succeeding ~en (10) months from t~l~!~sir
date.
l~. That said Superintendent of Streets shall also give
notice by publishing a copy of a Notice to Pay Assessments by
three successive insertions in the Saratoga News, a newspa.oer
published in said City, that said assessment has been recorded
in his office, and that all sums assessed thereon are due and
payable immediately, and that the payment of said sums is to be
made thirty (30) days after the date of recording said assessment,
which date si~all be stated in said notice, and of the fact that
bonds will be issued upon unpaid assessments as above provided.
I hereby certify that the foregoing is a full, true and cor-
rect copy of Resolution duly passed and adopted b~ the City
Council of the City of Saratoga, California, at a r;~eeting
thereof held on the 24th day of June ._, 196 5 ,
by the following vote of the members thereof:
AYES, and in favor thereof, Councilmen: Cl~nnon, Tyler, Burry
NOES, Councilmen: None
ABSENT, Councilmen: Drake, Hartman
C i't~" C l er ~ "0i' '~ i~'e' 'u'~'tyy ,s arat oga
APPRO =, :~
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