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HomeMy WebLinkAboutCity Council Resolution 204 WHJM:JS:rd ~/11/64 7c RESOLUTION NO. 204 A RESOLUTION AND 0RDERADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS CHESTER AVENUE IMPROVEMENT PROJECT RESOLVED, by the City Council of the City of Saratoga, California, that WHEREAS, on the 6th day of May, 1964, said Council adopted its Resolution of Intention No. 185 to acquire and construct public improvements in said City, and referred the proposed acquisitions and improvements to the Engineer of Work:of said City, he being the officer having charge and control of the construction of improvements in and for said City of the kind described in said Resolution of Intention and being a competent person appointed 'by said Council 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; WHEREAS, said report was duly made and filed with the City Clerk of said City, whereupon said Clerk presented it to the Council for consideration~ WHEREAS, said Council thereupon duly considered s~id re.- port 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 (!)maps and descriptions of lands and ea. sements to be acquired~ (2) plans and specifications of the proposed improvements~ (3) estimate of costs; (4) diagram of distric. t~ and {5) an assessment according to benefits, all of which ~v~.s done in the form and manner required by said Act; WHEREAS, said Council found that said report and each every part thereof was sufficient in every particular and mined that i~ should stand as the report for all subsequent ~roceedings under said Act, whereupon said Council, pursuant the requirements of said Act, appointed Wednesday, the 16~h of September, 1964, at the hour of 8:00 o~clock P.M. of said day in the Cafetorium, High School, Herrimsn Avenue, Saratoga, Cali- fornia, as the time and p~ace for hearing protests in relstio~ to said proposed acquisitions and improvements, and directing the City Clerk of said City to give notice of said hearing as quired by said Act; WEEAS, it appears that notices of said hearing were duly and regularly posted, msi~ed and published in the time, and manner required by said Act, as evidenced ~y the affidavits on file with said Clerk, whereupon said hearing was duly and regu- larly held at the time and place stated in said notice; and WHEREAS, O persons interested, objecting to said acquisitions an.d improvements, or to the extent of the assess- ment district, or to the proposed assessment or diagra~m, or to the maps and descriptions, or to the grades at which said work will be done, or to the Engineer's estimate of the costs and penses thereof, filed written protests with the City Clerk of said City, at or before the time set for hearing, and all persons [riterested desiring to be heard were given an opportunity' to be iheard, and all matters and things pertaining to said acquisitions and improvements were fully heard and considered by said and said Council has acquired Jurisdictio~ to order said acquisi- tions and improvements and the confirmation of ss. id diagram s.lnd. assessment to pay the costs and expenses thereof. NOW, TEEFORE, said Council does hereby FIND, DETERMi~ and ORDER, as follows: 1. That the owners of one half of the area. to be assessed for the cost of the project did not, at or prior to the time fixed for said hearing file written protests against the said proposed acquisitions and improvements as a wholet or against the said district or the extent thereof to be assessed. for the costs and expenses of said acquisitions and improvements as a wholes or as to the Engineer's estimate of said costs and expenses, or against the maps snd descriptions, or against the diagram or assessment to pay for the costs and expenses thereof. 2. That the district benefited by said acquisitions and improvements and to be assessed to pay the costs and expenses thereoft and the exterior boundaries thereof are more particularly described in said Resolution of Intention and made a part hereof by reference thereto. 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 and improvements. S. That the plans and specifications for the proposed improvements, contained in said report, be~ and they are hereby~ finally adopted and approved as the plans and specifications to which said work shall be done as called for in said Resolutio~ of Intention. 4~ That the Engineer's estimate of the itemized and total costs and expenses of said acquisitions and improvements, and of the incidental expenses in connection therewith, contained in said report, be, and it is hereby, finally adopted and spproved as the Engineer's total and detailed estimate of the costs and expenses of said acquisitions and improvements. 5. That the maps and descriptions of the lands and ease- ~ments to be acquired, as contained in said report, be, and the same are hereby, finally approved and confirmed.. 6. That the public interest and convenience require, and said Council does hereby order the acquisitions and improvements to be made as described in and in accordance with said Resolution of Intention on ~ile in the office of the City Clerk. of said City, reference to which is hereby made for a more particular description of said acquisitions and improvements, and also for further particulars pursuant to the provisions of said Municlpsl Improvement Act of 1913. 7. That the diagram showing the assessment district re- ferred 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 intentions each of which sub- divisions 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 and improvements. 8. That the assessment of the total amount of the costs and expenses of the proposed acquisitions and improvements 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 improvements, and of the expenses incidental thereto, contained in said reports bes and the same is hereby, finally approved and Confirmed as the assessment to pay the costs and expenses of said acquisitions and. improvements. 9. That said Engineer's report be, and the same is hereby~ finally adopted and approved as a whole. lO. That the Clerk shall forthwith deliver to the Super- intendent of Streets the said assessment~ together with said diagram thereto attached and made a part thereof as confirmed b~m~ this Council, with his certificate of such confirmation thereto attached and of the date thereof; and. that said Superintendent of Streets shall 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 records- tion shall be and constitute the assessment roll herein. ll. That said Superintendent of Streets, upon the record- ing of said diagram and assessment, shall mail 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 of said City, or to both addresses if said address is not the same~ or to the general delivery when no address so appears, a s~atement containing s designation by street number or other description of the property assessed sufficient to enable t~e owner to identify the same, the amount of the assessment, the time and place of payment thereof, the effect of failure to pay within such time, and s. statement of the fact that bonds will be issued on the unpaid assessments pursuant to the Improvement Bond ~ct of l~l~, the last installment of which bonds shall mature not to exceed fourteen (l~) years from the second day of July next succeeding ten (lO) months from their date. 5 12. That said Superintendent of Streets shall also give notice by publishing a copy of a Notice to Pay Assessments by three successive insertions in the Saratoga News, a newspaper published in said City, that said assessment has been recorded in his office, and that all sums assessed thereon are due and payable immediately, and that the payment of said sums is to be made thirty (30) days after the date of recording said assessment, which date shall be stated in said notice, and of the fact that bonds will be issued upon unpaid assessments as above provided. I hereby certify that the foregoing is a fk~ll, true and correct copy of Resolution duly passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 16th day of September , 1964, by the follow- ing vote of the members thereof: AYES, and in favor thereof, Councilmen: Glennon, Hartman, Drake, Tyler, Burry NOES, Counc ilmen: None ABSENT, Councilmen: None APP~,~~~ Q~ ~