HomeMy WebLinkAboutCity Council Resolution 2331F017-36 WMAM:JEB:c~w 05/16/86 12c
RESOLUTION NO. 2331F
A RESOLUTION OVERRULING PROTESTS AND ORDERING
THE ANNEXATION OF TERRITORY TO AN EXISTING
ASSESSMEN~ DISTRICT, ORDERING THE IMPROVEMENTS
AND CONFIRMING THE DIAGRAM AND ASSESSMENT
CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA-1
ANNEXATION 1986-1
FISCAL YEAR 1986 - 1987
RESOLVED, by the City Council of the City of Saratoga,
California, as follows:
WHEREAS, on the 16th day of April, 1986, said Council
adopted its Resolution No. 2331, 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 (herein the "Engineer")
to prepare and file with the Clerk of this City a written report
called for under said Act and by said Resolution No. 2331;
WHEREAS, said report was duly made and filed with the Clerk
of said City, whereupon said Clerk presented it to this Council for
its consideration~ j
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. 2331, including (1) plans and specifications of
the existing improvements and the proposed improvements;
(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 2nd day of July,
1986, at the hour of 7:00 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 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
territorV to an exi. stinq assessment district, or of said
~mprouements, including the maintenance or servicing, or both,
thereof, of to the extent of the proposed assessment district, or
anV 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 annexation of territorV 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 Enqineer'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 territorV and the boundaries thereof
benefited and to be assessed for said costs for the construction or
installation of the improvements, including the maintenance or
servicing, or both, thereof, are situate in the City of Saratoga,
California, and are more particulariV 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 annexed
territory included in said assessment district, and of any zone
thereof and the general location thereof.
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4. That said annexed territory be, and it is hereby,
designated as "City of Saratoga Landscaping and Lighting District
LLA-1 Annexation 1986-1" 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. 2331, 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 lot or parcel of land has been given a separate
number upon said diagram, as contained in said report, be, and it
is hereby, fina].ly approved and confirmed.
g. 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.
1l. 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.
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12. That the order ordering the annexation of territory to
an existing assessment ~ist[ict and the final adoption and
approval of the Enginee['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
dete[mined and orde[ed, is intended to and shall refer and apply to
said ~epo~t, or any portion thereof, as amended, modified, revised
or corrected by, or pursuant to and in accordance with any
resolution or order, if any, he[etofo[e duly adopted or made by
this Council.
I hereby certi[V 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 2~_d .... daV of J_u!_~ , 1986__, by the following
vote of the members thereof:
AYES, and in favo~ thereof, Council Members:
, Member s:
None
ABSENT, Council Members:
Nc~e
APPROVED:
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