HomeMy WebLinkAboutCity Council Resolution 2052-D 2080C-535a WaAM:JEB=ohk 05/20/83 12c
RESOLUTION NO, 2052-D
A RESOLUTION OVERRULING PROTESTS AND ORDERING
THE ANNEXATION OF TERRITORY TO AN EXISTING
ASSESSMENT DISTRICTw ORDERING THE IMPROVEMENTS
AND CONFIRMING THE DIAGRAM AND ASSESSMENT
CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA-1
ANNEXATION 1983-1
RESOLVED, by the City Council of the City of Saratoga,
California, as followsz
WHEREAS, on the 20th day of April, 1983, said Council adopted
its Resolution No. 2052, Determining to Undertake Proceedings for the
Annexation of Territory to an Existing Assessment District Known as
"City of Saratoga Landscaping and Lighting District LLA-I" Pursuant to
the Landscaping and Lighting Act of 1972, and directed the City
Engineer of said City (herein the "Engineer") to prepare and file with
the City Clerk of this City a written report called for under said Act
and by said Resolution No. 2052S
WHEREAS, said report was duly made and filed with the City Clerk
of said City, whereupon said Clerk presented it to this Council for its
considerations
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. 2052, including (1) plans and specifications of the existing
improvements and the proposed improvementsI (2) estimate of costs~ (3)
diagram showing the exterior boundaries of the area proposed to be
annexed to the existing assessment district, which is also the area
proposed to be assessed~ 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 1st day of June, 1983, at the hour of
8500 o~clock p.m. of said day in the regular meeting place of said
Council, City Hall, 13777 Fruitvale Avenue, Saratoga, California, as
the time and place for hearing protests in relation to the annexation
of territory to an existing assessment district and the levy and
collection of the proposed assessment pursuant to the Landscaping and
Lighting Act of 1972, and to said proposed improvements, including the
maintenance or servicing, or both, thereof, and directing said City
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 mailed 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~ and
WHEREAS, persons interested, objecting to the annexation of
territory to an existing assessment district, or of said improvements,
including the maintenance or servicing, or both, thereof, or to the
extent of the proposed assessment district, or any zones therein, or to
the proposed assessment or diagram or to the Engtneer~s estimate of
costs thereof, filed written protests with the City 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 annexation of territory to said
existing assessment district and said improvements, including the
maintenance or servicing, or both, thereof, were fully heard and
considered by said Council~
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED, as
follows:
1. That protests against the annexation of territory to said
existing assessment district or of 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, were not
signed by the owners of a majority or more of the area of assessable
lands within said territory proposed to be annexed and assessed herein,
and that said protests be, and each of them are hereby, overruled.
2. That the public interest, convenience and necessity require
the annexation of territory to an existing assessment district and 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,
which annexation is hereby ordered.
3. That the annexed territory and the boundaries thereof
benefited and to be assessed for said costs for the construction or
installation of the improvements, including the maintenance or
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servicing, or both, thereof, are situate in the City of Saratoga,
California, and are more particularly described by reference to a map
thereof on file in the office of the City Clerk of said City. Said map
indicates by a boundary line the extent of the annexed territory
included in said assessment district, and of any zone thereof and the
general location thereof.
4. That said annexed territory be, and it is hereby, designated
as "City of Saratoga Landscaping and Lighting District LLA-1 Annexation
1983-1" by which name it may hereafter be referred to.
5. That the plans and specifications for the existing
improvements and for the proposed improvements to be made within said
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, 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, reference to which is
hereby made for a more particular description of said improvements.
8. That the diagram showing the exterior boundaries of the
annexed territory referred to and described in said Resolution
No. 2052, and also the boundaries of any zones therein and the lines
and dimensions of each lot or parcel of land within said annexed
territory as such lot or parcel of land is shown on the County
Assessor's maps for the fiscal year to which it applies, each of which
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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 proposed improvements upon the several lots or parcels
of land in said annexed territory in proportion to the estimated
benefits to be received by such lots or parcels, respectively, from
said improvements, including the maintenance or servicing, or both,
thereof, and of the expenses incidental thereto, contained in said
report, be, and the same is hereby finally approved and confirmed.
10. That said Engineer's Report 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 a certificate of such confirmation thereto attached and
of the date thereof.
12. That the order ordering the annexation of territory to an
existing assessment district 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, 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 1st
day of . June , 19 83 , by the following vote of the members
thereof z
AYES, and in favor thereof, Council Members: Clevenger, Fanelli,
Moyles, Mayor Callon
NOES, Council Membersz None
ABSENT, Council Members z Counci~r Mallory
City Clerk of the C~y of Saratoga
APPROVED:
Msyor