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HomeMy WebLinkAboutCity Council Resolution 369 WJM&L: A:s RESOLUTION N0. 369 A RESOLUTION ORDERING FORMATION OF CITY OF SARATOGA VILLAGE PARKING DISTRICT NUMBER 1 MAINTENANCE DISTRICT RESOLVED, by the City Council of the City of Saratoga, California, that WHEREAS, pursuant to Section lO108 of the Streets and Highways Code~ said City Council did on the 5th day of July~ 1967, adopt its Resolution Amending Resolution of Intention No. 329~ wherein it de- clared its intention to form a Parking Maintenance District to be desig- nated "City of Saratoga Village Parking District Number 1 Maintenance District"; WHEREAS, it was provided in said Resolution that said Council intended to order a Parking Maintenance District formed for the purpose of paying the costs and expenses of acquiring, constructing~ reconstruc- ting~ installing, extending, enlarging~ repairing, improving, maintaining and operating off-street automobile parking facilities and landscaping, including the cost of necessary repairs, replacement, water~ electrical current, care, supervision and any and all other items necessary for the proper maintenance and operation thereof; WHEREAS, notice of said proposed acquisitions and improvements and the formation of said Parking Maintenance District was givenin the time, form and manner provided by law, all as appear from affidavits on file in the office of the City Clerk; WHEREAS, said matter came on for hearing at 8:00 o'clock PoM. on August 16, 1967, in the Council Chambers~ City Hall~ 13777 Fruitvale Avenue~ Saratoga~ California, and said Council has heard all protests and objections which were made or presented to the formation of said Parking Maintenance District~ and has considered all oral and written testimony relating to said formation; WHEREAS, said Council adopted a Resolution and Order Adopting Engineer's Report, Confirming the Assessment and Ordering the Work and Acquisitions; NOW, THEEFOE, IT IS ORDERED, as follows: 1. That all written and oral protests as to the formation of said Parking Maintenance District be, and each of them are hereby, overruled. 2. That a Palrking Maintenance District is hereby formed to be entitled "City of Saratoga Village Parking District Number 1 Maintenance District", and that the expenses of maintaining and operating the park- ing facilities and appurtenances and any improvements which may here- after be constructed, including the cost of necessary repairs, replace- ments, fuel, power, electrical current, care, supervision, and any and all other items necessary for the proper maintenance and operation thereof, to be assessed wholly upon the lands lying within the dis- trict benefited by and to pay the costs and expenses of said improve- ments, which is the district hereby determined will be beneflted by said improvements pursuant to Section 10108 of said Streets and High- ways Code° 3. The Council shall hereafter maintain and operate said im- provements in the manner provided by law and shall in each year prior to the time of fixing the City tax rate, estimate the cost of main- taining and operating said improvements during the ensuing year, and decide whether or not the cost of the same shall be borne wholly or partially by the Maintenance District, and shall in addition to all other taxes, fix a special tax rate for the real property (land and improvements) within said Maintenance District sufficient to raise sn amount of money to cover the expense of maintaining and operating said improvements during the ensuing year or such portion of said amount as the City Council shall determine shall be borne by said district. 4o The Council shall annually levy a special assessment upon the real property in such district sufficient to pay such expenses or portion thereof which must be paid by the district, which special assessment tax shall be levied and collected st the same time and in 2 the same manner as the general tax levy for City purposes, and when collected shall be paid into the City Treasury to the credit of the fund of the Maintenance District and to be used for the payment of the expensesof said district, and said Council shall control and order the expenditure thereof for such purposes. 5. The Council may temporarily transfer moneys to the Main- tenance District fund from other funds in which are moneys ss are not immediately needed, and such moneys so transferred shall be used for the purposes provided by law and be retransferred from the Main- tenance District fund out of the first available receipts. 6. The Council shall include in the first budget of said Dis- trict and in the first tax levy a sum sufficient to repay the City the amount so transferred to the District during the period of time in which no levy of taxes was made for that purpose, and the amounts so transferred shall be retransferred to the City Treasury from the Maintenance District out of the first available receipts of such tax levy. y o The exterior boundaries of the City of Saratoga Village Parking District Number i Maintenance District are described ss follows: All that certain real property situate in the City of Saratoga, County of Santa Clara, State of California, and being portions of Blocks 3, 8 and 9 as shown on a certain map entitled "Town of McCartysville" recorded in Book "A" of Maps at page 43, Santa Clara County Records and portion of the Quito Rancho, more particularly de~ scribed as follows: PARCEL 1 All of Block 8 and Lot i in Block 9 as shown on the above said map excepting Itherefrom the following described parcelt That portion of Lots l, ~, B and 4 in BloCk 8 lying within the boundaries of the lands conveyed to Andrew P. Hill, Jr., as described in the Deed ~ecorded September R8, 1910 in Book 364 of Deeds at page 68, Santa Clara County Records. PARCEL 2 All of Lots 3 through' 6~ inclusive, in Block 3 as shown on the aforesaid map and portion of the Quito Rsncho'ss described in the Deed of TruSt recorded January 6, 1966 in Book 7238 of~Official Records at Page 364, Santa Clara County Records. 8. The City Clerk shall cause a certified copy of this Resolution to be filed with the County Assessor of the County of Santa Clara and with the State Board of Equalization prior to the first day of February~ 1968. ~, ***** , , , , , I hereby certify the foregoing to be a true copy of a resolution adopted by the City Council of the City of Saratoga, California, st a meeting thereof held on the 6th day Of September , 1967, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Glennon, Tyler, Burry, Hardnan, Robbins NOES, Councilmen: None ABSENT, Councilmen: None l,''l '