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HomeMy WebLinkAboutCity Council Resolution 1004-D7134A-285a WMAM:JEB:om 06/09/81 6c RESOLUTION NO. 1004-D A RESOLUTION OVERRULING PROTESTS AND ORDERING THE IMPROVEMENTS, ORDERING REDUCTION OF CERTAIN ASSESSMENTS AND CONFIRMING THE DIAGRAM AND ASSESSME~ FISCAL YEAR 1981-1982 CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA-1 RESOLVED, by the City Council of the City of Saratoga, California, as follows: WHEREAS, on the 15th day of April, 1981, said Council adopted its Resolution No. 1004, Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 1981-1982 for the City of Saratoga Landscaping and Lighting District LLA-1 Pursuant to the Landscaping and Lighting Act of 1972, and directed the Director of Public Works to prepare and file with the Clerk of this City a written report called for under said Act and by said Resolution No. 1004; WHEREAS, said report was duly made and filed with the Clerk of said City, whereupon said Clerk presented it to the Council for its 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 and said Resolution No. 1004, including(l) plans and specifications of the existing improvements and the proposed new improvements; (2) estimate of costs; (3) diagram of the District; and (4) an assessment according to benefits, all of which were 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, whereupon said Council pursuant to the requirements of said Act, appointed Wednesday, the 3rd day of June, 1981, at the hour of 7:30 o'clock p.m. of said day in the regular meeting place of said Council, City Hall, 13777 Fruitvale Avenue, Saratoga, California 95070, as the time and place for hearing protests in relation to the levy and collection of the proposed assessments for said improvements, including the maintenance or servicing, or both, thereof, for Fiscal Year 1981-1982, and directing said Clerk to give notice of said hearing as required by said Act; WHEREAS, it appears that notices of said hearing were duly and regularly published and posted in the time, form and manner required by said Act, as evidenced by the Affidavits and Certificates on file with said Clerk, whereupon said hearing was duly and regularly held at the time and place stated in said notice; WHEREAS, no persons interested, objecting to said improvements, including the maintenance or servicing, or both, thereof, or to the extent of the assessment district, or any zones therein, or to the proposed assessment or diagram or to the Engineer's estimate of costs thereof, filed written protests with the Clerk of said City at or before the conclusion of said hearing, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to the levy and collection of the assessments for said improvements, including the maintenance or servicing, or both, thereof, were fully heard and considered by said Council; and -2- WHEREAS, it has been determined that those certain parcels in Zone 7 designated as Assessor's Parcel No. 397-26-60, Assessment No. 60, Assessor's Parcel No. 397-31-18, Assessment No. 18, Assessor's Parcel No. 517-11-66, Assessment No. 66 and Assessor's Parcel No. 517-11-67, Assessment No. 67, will not be benefited by said improvements and said assessments should be reduced to zero. NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED, as follows: 1. That protests against said improvements, including the maintenance or servicing, or both, thereof, or to the extent of the assessment district or any zones therein, or to the proposed assessment or diagram, or to the Engineer's estimate of costs thereof, for Fiscal Year 1981-1982 be, and each of them are hereby, overruled. 2. That the public interest, convenience and necessity require and said Council does hereby order the levy and collection of assessments pursuant to said Act, for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, more particularly described in said Engineer's Report and made a part hereof by reference thereto. 3. That the City of Saratoga Landscaping and Lighting District LLA-1 and the boundaries thereof benefited and to be assessed for said costs for the construction or installation o£ the improvements, including the maintenance or servicing, or both, thereof, are situate in Saratoga, California, and are more particularly described by reference to a map thereof on file in the office of the Clerk of said City. Said map indicates by a boundary line the extent of the territory included in said District and of any zone thereof and the general location of said District. -3- 4. That those certain parcels in Zone 7 designated as Assessor's Parcel No. 397-26-60, Assessment No. 60, Assessor's Parcel No. 397 31-18, Assessment No. 18, Assessor's Parcel No. 517-11-66, Assessment No. 66 and Assessor's Parcel No. 517-11-67, Assessment No. 67, be, and they each are hereby reduced from $8.90 to zero, by reason said parcels are not benefited by said improvements and that the Director of Public Works shall make said changes either on the face of the Engineer's Report or by filing an amendment thereto. 5. That the plans and specifications for the existing improvements and for the proposed improvements to be made within the assessment district or within any zone thereof contained in said report, be, and they are hereby, finally adopted and approved. 6. That the Engineer's estimate of the itemized and total costs and expenses of said improvements, maintenance and servicing thereof, and of the incidental expenses in connection therewith, contained in said report, as modified, be, and it is hereby, finally adopted and approved. 7. That the public interest and convenience require, and said Council does hereby order the improvements to be made as described in and in accordance with said Engineer's Report, as modified, reference to which is hereby made for a more particular description of said improvements. 8. That the diagram showing the exterior boundaries of the assessment district referred to and.described in said Resolution No. 1004, and also.the Doundaries of any zones therein and the lines and dimensions of each lot or parcel of land within said District as such lot or parcel of land is shown on the County Assessor's maps for -4- the fiscal year to which it applies, each of which lot or parcel of land has been given a separate number upon said diagram, as contained in said report, be, and it is hereby, finally approved and confirmed. 9. That the assessment of the total amount of the costs and expenses of the said improvements upon the several lots or parcels of land in said District in proportion to the estimated benefits to be received by such lots or parcels, respectively, from said improvements, and the maintenance or servicing, or both, thereof, and of the expenses incidental thereto, contained in said report, as modified, be, and the same is hereby finally approved and confirmed. 10. That said Engineer's Report, as modified, for Fiscal Year 1981-1982 be, and the same is hereby, finally adopted and approved as a whole. 11. That the City Clerk shall forthwith file with the Auditor of Santa Clara County the said assessment, together with said diagram thereto attached and made a part thereof, as confirmed by the City Council, with the certificate of such confirmation thereto attached and of the date thereof. 12. That the order for the levy and collection of assessment for the improvements and the final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, estimate of the costs and expenses, the diagram, the assessment (and annual assessment installments), 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 3rd day of June, 1981, by the following vote of the members thereof; AYES, and in favor thereof, Councilmen: Clevenger, Jensen, Watson, Mayor Callon NOES, Councilmen: None ABSENT, Councilmen: Mallory City C of the City of Saratoga ( S AL ) APPROVED: Mayor