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Home My WebLink AboutCity Council Resolution 888-K1934A-l....~a WMAM:PDA:rva 01/1~ ;9 12c RESOLUTION NO. 888-K A RESOLUTION OVERRULING PROTESTS, ORDERING FORMATION OF CITY OF SARATOGA VILLAGE PARKING DISTRICT NO. 2 MAINTENANCE DISTRICT, AND ESTABLISHING MAXIMUM TAX RATE 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 the improvements therein more particularly described; WHEREAS, it was provided in said Resolution that said Council intended to order a maintenance district formed in the area more particularly described in Exhibit "B" hereto attached and by reference incorporated herein for the purpose of paying the costs and expenses of maintaining and operating off-street parking facilities and appurtenances including, but not limited to, paving, curbs, gutters, sidewalks, wheel stops, signing, striping, storm drainage facilities, lighting facilities and landscaping, including irrigation system, now existing or hereafter to be constructed in and for said maintenance district, and of benefit to said maintenance district, but not of benefit to the City of Saratoga as a whole, including the cost of necessary repairs, replacements, water, electrical current, care, supervision, and any and all other items necessary for the proper maintenance and operation thereof, and of all additions, improvements and enlargements thereto which may hereafter be made; WHEREAS, it was further provided in said Resolution that pursuant to Section 2263.2 of the Revenue and Taxation Code of the State of California, and the petition of the property owners holding at least 60 percent in area of the land to be benefited, the maximum property tax rate which may be levied for such purpose, unless otherwise modified pursuant to law, shall be $7.00 per One Hundred Dollars of assessed valuation of the real property within said maintenance district; WHEREAS, notice of hearing on said proposed acquisitions and on the formation of said maintenance district was duly published, posted and mailed for the time and in the manner provided by law, all as more particularly appears from the affidavits and certificates on file in the office of the City Clerk; WHEREAS, at the time and place fixed for hearing, any and all persons having any objection to the formation of said maintenance district and the extent thereof were given an opportunity to appear and be heard and show cause why the formation of said maintenance district should not be carried out in accordance with the declared intention of said Council; and WHEREAS, said Council has adopted a resolution ordering the work and acquisitions and confirming the assessment of all areas contained within the proposed maintenance district; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED, as follows: 1. That all written and oral protests as to the formation of said maintenance district and the extent thereof be, and each of them are hereby overruled. 2. That the public interest and convenience require the formation of a maintenance district, which district is hereby formed for the maintenance and operation of off-street parking facilities and appurtenances including, but not limited to, paving, curbs, gutters, sidewalks, wheel stops, signing, striping, storm drainage facilities, lighting facilities and landscaping, including irrigation system, now existing or hereafter to be constructed in and for said maintenance district, and of benefit to said -2- maintenance district, but not of benefit to the City of Saratoga as a whole, including the cost of necessary repairs, replacements, water, electrial current, care, supervision, and any and all other items necessary for the proper maintenance and operation thereof, and of all additions, improvements and enlargements thereto which may hereafter be made, which District said Council hereby determines will be the District benefited by the maintenance and operation of said improvements. 3. That said District be, and it is hereby, designated as "City of Saratoga Village Parking District No. 2 Maintenance District", by which name it shall hereafter be referred to in all subsequent proceedings, including proceedings for the levy and collection of taxes. 4. That pursuant to Section 2263.2 of the Revenue and Taxation Code of the State of California, a petition and written consent executed by property owners holding at least 60 percent in area of land to be benefited by said maintenance district having been presented to this Council for said purpose, the maximum property tax rate therefor, unless otherwise modified pursuant to law, shall be Seven Dollars ($7.00) per One Hundred Dollars(S100) of assessed valuation. 5. That the District and the boundaries thereof benefited and to be assessed for the maintenance and operation of the improvements so described are situate in the City of Saratoga, Santa Clara County, State of California, and are more particularly described in Exhibit "B" hereto attached and by reference incorporated herein. 6. That the City Council shall hereafter maintain and operate said improvements in the manner provided in said maintenance district law, and shall in each year prior to the time of fixing the City tax rate, estimate the cost of maintaining 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 said -3- 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 to raise an 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 maintenance district. 7. That the City Council shall annually levy such special assessment tax upon the real property in such maintenance district sufficient to pay such expenses or portion thereof which must be paid by said maintenance district, which special assessment tax shall be levied and collected at the same time and in 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 shall be used for the payment of expenses of said district, and said Council shall control and order the expenditure thereof for such purposes. 8. That the City Council may temporarily transfer moneys to the maintenance district fund from such other funds in which are moneys as are not immediately needed, and such money so transferred shall bear interest at a rate to be fixed by said Council and shall be used for the purposes provided in said maintenance district law and be retransferred from the maintenance district fund out of the first available receipts. 9. That the City Clerk shall file a certified copy of this Resolution in the office of the County Assessor of Santa Clara County and that said County Assessor shall hereafter, in making up the City assessment roll, segregate the property included within said maintenance district on said assessment roll under the designation contained in this Resolution, all as required by Section 5829 of the Streets and Highways Code of the State of California. 10. That the City Clerk shall file a certified copy of this Resolution and the map or plat indicating the boundaries of said -4- 18 12A-. a ....... EXHIBIT "B" VILLAGE PARKING DISTRICT NO. 2 MAINTENANCE DISTRICT All that real property situate in the City of Saratoga, County of Santa Clara, State of California described as follows: Beginning at the intersection of the center lines of Fourth Street and Big Basin Way as shown on the map of Tract No. 5503, recorded in Book 350 of Maps at page 54, Santa Clara County Records; thence along said center line of Fourth Street S 47°00'00'' E 243.48 feet; thence leaving said center line S 43o00'35" W 180.22 feet; thence N 46031'00" W 45.59 feet; thence S 40o43'20" W 175.21 feet to a point on the centerline of Fifth Street; thence along said centerline of Fifth Street N 46°31'00'' W 204.83 feet to the intersection of centerlines of Fifth Street and Big Basin Way; thence along said centerline of Big Basin Way N 43o00'00" E 353.17 feet to the POINT OF BEGINNING. City of Saratoga Village Parking District No. 2 Maintenance District with the State Board of Equalization and the County Assessor, as required by Section 54900 et seq. of the Government Code of the State of California. 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 Cor~ Callon, Matteoni & Kalb NOES, ~ouncl~men: None ABSENT, Councilmen: None City Clerk of the Saratoga APPROVE!: -5-