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HomeMy WebLinkAboutCity Council Resolution 283-C I~',SOLUTiON NO, 283-C ]l?~ S OLUTI ON C RE ATI BIG S PE C IAL .AS $. tE S SM]i!E'NT DISTRICT PUR. SUANT TO ST'[~EET LIGHTING ACT OF 19 19 I{~'HEP, EAS in the opinion of the City C'.ouncil of the City .of S era toga, the public interest and convenier~..ce r,~:.ql.::,.ir.,l~!!! the furnishing of electric current for illuminati,Dn of a street lighting system for the area described :in Exhibit ;=Lt.~'' hereof, and that a special assessment district shout~J be created for the same pursuant to Street Lightin.T~; .Act c}f and 'V~REREAS pursuant thereto the City Co'~nci 1 has hc~r.c,- tofore orS.ere8 the Clerk of said City to prepare a report ir~. ~riting in accord with Streets and Higb.~,.~ays Cod.~?~ Sections 1.8041 and 18161, and at the same time r~de a deter"r:~ina. tic~r~.. that the alternate procedure for levying; and co] te. cting; assessments on an ad valorera basis as set forth in ~E~ac:t:~...~::"~.f~; 1.8t60 through 18169 of said Code b.a followed, anc~ W'HE]'~EAS .said report has been n~de and considered by this Council, and [']{E P. E A $ t h e r e a f t e r o n Au '~iE u s t 4, 1965, t I':~ e. C i n y f; o ~. :~ :r'~ passed and adopted Raso].utior~s ~o, 2~:~3-.A.a. nt~ 2J~i~-B~ to which resolutions is h.areby sp.$~cifica]..ly ~:':~:~.s.{J.~, I,,H.~EREAS that certain County Lighting District as the Quito Lighting Maintenance District, a portion of which district constitutes the area more particuiartv des cribed .on Exhibit "'A." hereof, was dissolved on the 216th of October , 1965, but, however, the Coun:ty of C].a~"~"'~"~I"[~"ity of Saratoga have entered into a writc.,~:~'.~:"~ agrea:~nent under and by virtue of which the Cou.'~:mty, at its own. ex'pense, has ob].igated itself to cont::i.lnu,,~. t:o furn:i shin/~; o:f e lectri c current for il lureins t:i. or~, .~ f the ~n. 27s. t.,,~7~:~:~::, '~nore particularly d. escriber] on Exhibit ;~A;'~ hereo:f 'tc~ a~.r:~d :[nc]..uding December 31, 1966, and I.~THEi{~ZAS on :September 1, 1965, a.t th~ h~:::>~..:~r' of .~. O'.Cl. OC]::c; P ,M,of said day, at the Council Cha~nl':~,~r a~ ~::::.~1,=. ~::.t'n.,,a City .$ f S. a r a t o g a,C i t y H a 1 i, F' r u i t v a 1 e Ava nu ,e, f~;. a r a t o ~t; a, Ci] a ].. :::L f .~:::'; ':r :~'~: the ti~e and place set for the hearing of prc~tests t o 1.a:Le s olu t ion 283-B, the Counc i 1 heard, cons ider e ~] a.nd [::~ a~. ~.:~ ~', ct d on. all protests for the creation of the assessment and assessment district, and sa. id Council a f t e r c o 'n t i nu in g ~ a i d ~::~::~a t tar un t i 1 t h e p r e s ,z :~:~ t c~ a 'c ,a.~,, a. ~n~ ,.J ~. ;~t ::[ ~:~ Council. finding that no protests hav~ been ~:~xade or filetS,,. and i,~;"}~:{h ll[~J~iEAS pri or' to s aid h. earing, .s. no t i c .t? i.:c'~ a c: c ,:::~ r~:::.I: '~:..;:,' :i t~:~ ~treets &: Highways Code Section !;~!3071 was cc, nspicuous]y posted. along all streets i'n the proposed district not rncn:ye. than 300 feet apart and more than thre.,.~ in nur~>.ber, ~...:~hich ~i.,as complete~ at least ten (10) days prior tc~ S;~pte'ml~.~..r 1965, and a notice similar in substance ~.~as publishe~] by t~o successive insertions in the Saratoga It'~e~.~s, ~.~hic. h lication was completed at least t.en (10) days prior to said September 1, 1965, and good cause aplpearinl~% therefor, NOW,T~RiEFORE, T~ CITY COUNCIL OF Tt~'.: CiTY SARATO~ HEREBY RESOL~$ AS FOLLOWS: Section 1: All of the statements in the prearrib. le to this Resolution are hereby refer~'~ced to and incorporated into this section by referance:~ and ~re hereby declared to be the findingsof this City Council. Section 2: There is hereby establisheel a special. assessment district to be kno~,~a as the ~'~Quito Lighting District'~. The boun~aries of said. district are more particularly set forth and described in Exhibit ~A~'' attached hereto and incorporated herein by reference. Section 3: Said impro.vement consists of the fur- nishing and sulpply of electric current for and the maintenance of electrotiers and other physical equipment to light the streets in. said district. ~Baid and sup'ply of electricity shall co~ence on January 1, 19~!~7, or on such date before, or after,said date as the Coun. ty of Santa .Clara ceases t.o furnish and su'pply said electric current at its expense pursuant to the hereinabove referred to contract between this City and said County, subject to the execution by this City Co~..~nci] of a .contract ~ith a public utility for the afore- mentioned of electric current and tenance of said system, and said improvement shall continue thereafter indefinitely until such time as the City Council shall terminate the same by resolution. Section 4: The estimated cost of the a~goresaid to be borne by the City for the first year is the sum of $4,234.40, ~hich cost shall be borne exclusively by said district, and a special lighting district fund is hereby created and te~ed the ~'Quito Lighting District Fund~', and all of said costs shall be paid out and charged against said fund. Section 5: Said improvement c~f the~ fur'nish- ing and supply of electric current the maintenance of said system is hereby ordereel to be rode and done in accord with this resolution. Said assessment district constitutes one sin~Zle -2- zone, and is not divided into separate zones. Each parcel of land ~ thin said district is hereby declared to be benefited by such improvement the proportion that its assessed valuation bears to the total assessed valuation of the entire district, and it is hereby ordered. that all of the .costs .of' said improvement shall be paid. by Speci..alassessment taxes levied on all of the lands. ~ithin said district, exclusive of improve~.:- ments, and shall be prorated over all of the parcels of said land in direct proportion to eac. h's assessed valuation, and the first assessment shall be for the fiscal year 1966-1967. Section 6:A ~dertified copy of this resolution and of the n%ap and plan of the district shall be filed with the Tax Assessor of 'the County of Santa Clara, and shall also be filecT xl,:,ith the State Board of Equalization pursuant to Chapter ]!~art 1, Division 2, Title V of the Governmet:it Code of this State. The Assessor of the County of S,3nt. a Clara shall, .in making up the City's asses.smelz~.t designate the property included ~'.~itbin the ~istrict on the assessment roll under the district designatio:,~ contained in this resolution. The above and foregoing resolution xl.~as duly anti introducec] and passed by the City Council of the City of Sarat,Dga at a regular meeting held on the 3rd day of November by the folto~.~ing vote: AYES: Councilmen Glennon, Hartman, Tyler, Burry NOES: none .i~%BSENT: Councilman Drake ~YO2i~ ATTEST' CITY