HomeMy WebLinkAboutCity Council Resolution 2473.2 RESOLUTION NO. 2473.2
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
OF INTENTION TO ORDER IMPROVEMENT IN
VILLAGE PARKING DISTRICT NO. 3
The City Council of the City of Saratoga resolves:
This Council intends to order the following improvement under
the authority of the Municipal Improvement Act of 1913:
The dedication of easements to be determined in the
proceedings and the improvement thereof by clearing,
grubbing and grading, removal of existing trees,
shrubs and structures and the construction therein of
base, pavement, curbs, gutters, sidewalks, driveway
approaches, surface and subsurface storm drainage
facilities, lighting facilities, wheel stops, signing,
striping, landscaping including irrigation system,
relocation and/or reconstruction of utility
facilities, where required, and all work auxiliary to
any of the above and necessary to complete the same as
off-street automobile parking facilities.
The performing of all work auxiliary to-any of the
above and necessary to complete the same.
This Council finds that the land specially benefited by the
improvement is shown within the boundaries of the map entitled,
"Proposed Boundaries of Village Parking District No. 3, City of
Saratoga, Santa Clara County, California." This map has been
approved by the City Council and is now on file with the City Clerk.
The land within the exterior boundaries shown on the map shall be
designated Village Parking District No. 3, City of Saratoga, Santa
.Clara County, California.
This Council intends to levy a special assessment upon the
land within the described district in accordance with the special
benefit to be received by each parcel of land, respectively, from
the improvement. There shall be omitted from special assessment all
public streets, alleys and places and all land belonging to the
United States, the State of Californiar the County of Santa Clara
and this City now in use in the performance of a public function.
This Council orders that a portion of the cost of the
improvement shall be contributed by the City, and that the balance
of the cost shall be specially assessed.
Where any disparity occurs in level or size between the
improvement and private property, this Council determines that it is
in the public interest and more economical to eliminate the
disparity by doing work on the private property instead of adjusting
the work on public property. Accordingly, work may be done on
private property for this purpose with the written consent of the
landowner.
Serial bonds representing unpaid assessments, and bearing
interest at a rate not to exceed twelve percent (12%) per annum,
will be issued in the manner provided by the Improvement Bond Act of
1915 (Division 10, Streets and Highways Code), and the last
installment of the bonds shall mature fourteen (14) years from the
second day of September next succeeding twelve (12) months from
their date.
The procedure for the collection of assessments and advance
retirement of bonds under the Improvement Bond Act of 1915 shall be
as provided in Part ll.1, Division 10, of the Streets and Highways
Code of the State of California.
The City will not obligate itself to advance available funds
from the City treasury to cure any deficiency which may occur in the
bond redemption fund. A determination not to obligate itself shall
not prevent the City from, in its sole discretion, so advancing
funds.
This Council intends to comply with the requirements of the
Special Assessment Investigation, Limitation and Majority Protest
Act of 1931 by proceeding under Part 7.5 of said Act. The Engineer
of Work is directed to include in its report all of the information
required by Section 2961 of the Streets and Highways Code.
This Council appoints R. C. SMITH ENGINEERS, INC., as
Engineer of Work for this project, and directs the preparation of
the report required by Section 10204 of the Streets and Highways
Code.
In the opinion of this Council, the public interest will not
be served by allowing owners of assessable lands to enter into a
contract for the work of improvement as otherwise permitted in
Section 20485 of the Public Contract Code.
If any excess shall be realized from the assessment it shall
be used, in such amounts as the Council may determine, in accordance
with the provisions of law for one or more of the following
purposes:
(a) Transfer to the general fund of the City, provided that the
amount of any such transfer shall not exceed the lesser of
$1,000 or 5% of the total amount expended from the
improvement fund;
(b) As a credit upon the assessment and any supplemental
assessment, provided that such surplus may, if the Council so
determines, also be applied as a credit to the City or any
local, state or national agency or authority which shall have
made a contribution towards the cost and expenses of the
acquisitions and improvements in the proportion which such
contribution bears to the total amount of the assessment or
supplemental assessment prior to the deduction of all such
contributions; or
(c) For the maintenance of the improvements.
, , ,
The above and foregoing resolution was passed and
adopted at a regular meeting of the Saratoga City Council held on
the 6th day of April, 1988, by the following vote:
AYES: Co~mc]hnembers AndersDn, Clevenger, Hlava, Moyles ~d Mayor Peterson
NOES: None
ABSENT ~one
r
ATTEST:
Deputy City~lerk
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