HomeMy WebLinkAboutCity Council Resolution 888-J· t933A-' ~Sa WM.AM= PDA: rva 01/1.L./79 12C
RESOLUTION NO. 888-J
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING
THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS
VILLAGE PARKING DISTRICT NO. 2
ASSESSMENT DISTRICT
RESOLVED, by the City Council of the City of Saratoga,
California, that
WHEREAS, on the 3rd day of January, 1979, said Council adopted
its Resolution of Intention No. 888-D, to acquire public
improvements in said City, and referred the proposed acquisitions to
the Engineer of Work of said City, he being the officer having
charge and control of the acquisitions and construction of public
improvements in and for said City of the kind described in said
Resolution of Intention, and being a competent person appointed by
said City for that purpose;
WHEREAS, 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 Improvement
Act of 1913, Division 12 of the Streets and Highways Code of the
State of California;
WHEREAS, said'report was duly made and filed with the City
Clerk, whereupon the Clerk presented it to this 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) plans and specifications of the proposed improvements,
(2) estimate of costs, (3) diagram of district, (4) an assessment
according to benefits, and (5) maps and descriptions of lands and
easements to be acquired, 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 determined
that it should stand as the report for all subsequent proceedings
under said Act and said Resolution of Intention, whereupon said
Council, pursuant to the requirements of said Act, appointed
Wednesday, the 7th day of February, 1979, at the hour of 7:30
o'clock p.m. of said day in the regular meeting place of said
Council, Council Chambers, City Hall, 13777 Fruitvale Avenue,
Saratoga, California, as the time and place for hearing protests in
relation to said acquisitions and directing the Clerk of said City
to give notice of said hearing as required by said Act;
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 certificates and
affidavits on file with said Clerk, whereupon said hearing was duly
and regularly held at the time and place advertised in said notices;
and
WHEREAS, persons interested objecting to said acquisitions, or
to the extent of the assessment district, or to the proposed
assessment or diagram, or to the grades at which said work will be
done, or the Engineer's estimate of the costs and expenses thereof,
or to the maps and descriptions, filed written protests with the
Clerk of said City at or before the time set for said hearing, and
all persons interested, desiring to be heard, were given an
opportunity to be heard and all matters and things pertaining to
said acquisitions were fully heard and considered by said Council,
and were overruled, and said Council has acquired jurisdiction to
order said acquisitions and the confirmation of said diagram and
assessment to pay the costs and expenses thereof;
NOW, THEREFORE, said Council does hereby FIND, DETERMINE and
ORDER, as follows:
1. That the owners of one-half of the area of the property to
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be assessed for the cost of said project did not, at or prior to the
time fixed for said hearing, file written protests against said
proposed acquisitions as a whole, or against said district or the
extent thereof to be assessed for the costs and expenses of said
acquisitions as a whole, or as to the Engineer's estimate of costs
and expenses of said project, or against the grades at which said
work is proposed to be done, or against the maps and descriptions,
or against the diagram and assessment to pay for the costs and
expenses thereof.
2. That any and all protests made either to said proposed
acquisitions, or the grades at which said work is proposed to be
done, or the extent of the assessment district, or the amounts of
the several assessments, or the maps and descriptions, and all
persons desiring to be heard in relation to any of said matters,
whether as protestants or otherwise, have been fully heard and
considered, and have been overruled.
3. That the district benefited by said acquisitions'and to be
assessed to pay the costs and expenses thereof, and the exterior
boundaries thereof, is the district described in said Resolution of
Intention and made a part hereof by reference thereto.
4. 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 hereafter levied and collected
to cover the costs and expenses of said acquisitions.
5. That the Engineer's estimate of the itemized and total
costs and expenses of said acquisitions, and of the incidental
expenses in connection therewith, contained in said report, be, and
it is hereby, finally adopted and approved as the Engineer's total
and detailed estimate of the costs and expenses of said acquisitions.
6. That the plans and specifications for the proposed
improvements contained in said report, be, and they are hereby,
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finally adopted and approved as the plans and specifications to
which said work shall be done as called for in said Resolution of
Intention.
7. That the public interest and convenience require, and said
Council does hereby order the acquisitions to be made and done as
described in and in accordance with said Resolution of Intention on
file in the office of the Clerk of said City, reference to which is
hereby made for a more particular description of said acquisitions
and for further particulars pursuant to the provisions of said Act.
8. That the diagram showing the assessment district referred
to and described in said Resolution of Intention, and also the
boundaries and dimensions of the respective subdivisions of land
within said district as the same existed at the time of the passage
of said Resolution of Intention, each of which 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.
9. That the assessment of the total amount of the costs and
expenses of the proposed acquisitions upon the several subdivisions
of land in said district in proportion to the estimated benefits to
be received by said subdivisions, respectively, from said
acquisitions, and of the expenses incidental thereto, as contained
in said report, be, and the same is hereby, finally approved and
confirmed as the assessment to pay the costs and expenses of said
acquisitions.
10. That the maps and descriptions of the acquisitions to be
made, as contained in said report, be, and the same are hereby,
approved and confirmed.
11. That said Engineer's Report be, and the same is hereby,
finally adopted and approved as a whole.
12. That the Clerk of this City shall forthwith deliver to the
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Superintendent of Streets of said City the assessment, together with
said diagram thereto attached and made a part thereof as confirmed
by this Council, with her certificate of such confirmation thereto
attached and of the date thereof, and that said Superintendent of
Streets shall forthwith record said diagram and assessment in his
office in a suitable book to be kept for that purpose, and append
thereto his certificate of the date of such recording, and such
recordation shall be and constitute the assessment roll therein.
13. That the Collection Officer, upon the recording of said
diagram and assessment, shall, upon further order of this Council,
cause to be mailed to each owner of real property within the
assessment district at his last known address as the same appears on
the tax rolls of the City, or on file in the office of the City
Clerk, 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 property assessed sufficient to enable the owner to identify the
same, the amount of the assessment, the date of the recordation of
said assessment, the time and place of payment thereof, the effect
of failure to pay within such time, and a statement of the fact that
bonds will be issued on unpaid assessments pursuant to the
Improvement Bond Act of 1915, Division 10 of said Streets and
Highways Code, or, in the event there are unpaid assessments upon
publicly owned operative property that bonds or certificates will be
issued on unpaid assessments pursuant to Section 10206 of said
Streets and Highways Code and in the manner provided in Section 6467
or Chapter 4.5, (commencing with Section 6468) Part 5, Division 7 of
said Streets and Highways Code, Improvement Act of 1911.
14. That said Collection Officer shall, upon further order of
this Council, also cause Notice to Pay Assessments to be published
in two successive issues of the Saratoga News, a newspaper published
and circulated in said County, there being no newspaper published in
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said City, that said assessment has been recorded and that all sums
assessed thereon are due and payable immediately and that the
payment of said sums is to be made within thirty (30) days after the
date of the order of said Council but in not event less than thirty
(30) days after the date of recording said assessment, which date
shall be stated in said notice, the effect of the failure to pay
assessments within the 30 day period, and of the fact that bonds
will be issued upon unpaid assessments as above provided. Said
publication shall be made once a week for two successive weeks with
at least five days intervening between the respective publication
dates, not counting such publication dates.
15. That final adoption and approval of the Engineer's Report
as a whole, and of the plans and specifications, estimate of the
costs and expenses, maps and descriptions of the lands and easements
to be acquired, the diagram and the assessment, as contained in said
Report, as hereinabove determined and ordered, is intended to and
shall refer and apply to said Report, or any portion thereof, as
amended, modified, revised or corrected by', or pursuant to and in
accordance with any resolution or order, if any, heretofore duly
adopted or made by this Council.
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
7th day of February, 1979, by the following vote of the members
thereof:
AYES, and in favor thereof, Councilmen:
Kraus, Corr, Callon, Kalb,& Matteoni
NOES, Councilmen: None
ABSENT, Councilmen: None
City Cle of Saratoga
(SEAL)
APPR :
tayor
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