HomeMy WebLinkAboutCity Council Resolution 2473.7 RESOLUTION NO. 2473.7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING REPORT AND ASSESSMENT
AND ORDERING IMPROVEMENT
VILLAGE PARKING DISTRICT NO. 3
The City Council of the City of Saratoga resolves:
This Council has taken a series of actions preliminary to
ordering the improvement in Village Parking District No. 3, City of
Saratoga, Santa Clara County, California, and now makes the
following findings and orders:
1. The Council adopted a map showing the boundaries of the
land benefited by the proposed improvement. A copy of the boundary
map was filed in the office of the County Recorder of the County of
Santa Clara in the Book of Maps bf Assessment and Community
Facilities Districts.
2. The Council adopted its Resolution of Intention to
order the improvement described therein under the Municipal
Improvement Act of 1913, and directed R. C. Smith Engineers, Inc.,
as the Engineer of Work for the assessment district, to prepare the
report required by Section 10204 of the Streets and Highways Code.
The improvement is generally described as follows:
The acquisition 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.
3. The Engineer of Work filed the report as directed, and
the City Council called a hearing on the report as required by
Section 10301 of the Streets and Highways Code. Notice of the
hearing was given by publication, by street posting and by mailing
to affected property owners, all according to the Municipal
Improvement Act of 1913. Affidavits of publication, posting and
mailing were filed with the City Clerk.
4. At the time and place for which notice was given, the
City Council conducted a public hearing and gave every interested
person an opportunity to object to the proposed improvement, the
extent of the assessment district, or the proposed assessment.
Following the hearing, at the direction of the City Council the
Engineer of Work filed an amended report.
5. The Council finds that written protests against the
proposed improvement have not been made by owners representing more
than one-half of the area of the land to be assessed for the
improvement.
6. The documents and events described in paragraphs 1 to
4, inclusive, are stated here in tabular form, with their dates and,
where appropriate, their numbers. All documents are now on file
with the City Clerk.
Document or Event Date Number
a. Resolution approving boundary map 6/15/88 2473.3
b. Boundary map filed with County Recorder 6/23/88
c. Resolution of Intention 4/6/88 2473.2
d. Filing of Engineer's Report 6/30/88
e. Resolution accepting Report 6/30/88 2473.~
g. Certificate of Mailing Notice of
Improvement 7/5/88
g. Affidavit of publication of Notice of
Improvement 7/13,20/88
h. Certificate of posting Notice of
Improvement 7/8/88
i. Filing of Final Engineer's Report 8/3/88
j. Public hearing conducted 8/3/88
7. The Council approves the Final Engineer's Report and
each component part of it, including each exhibit incorporated by
reference in the report.
8. The Council finds that the Engineer of Work, in the
Final Engineer's Report has fairly and properly apportioned the cost
of the improvement to each parcel of land in the assessment district
in proportion to the estimated benefits to be received by each
parcel, respectively, from the improvement. The City Council hereby
confirms and levies each individual assessment as stated in the
Final Engineer's Report.
9. This City Council orders the improvement described in
paragraph 2 and as detailed in the Final Engineer's Report.
10. The City Council finds that the total amount of the
principal sum of all unpaid special assessments levied against the
parcels proposed to be assessed, plus the principal amount of the
special assessment proposed to be levied in the instant proceedings
2
do not exceed one-half of the total value of the parcels proposed to
be assessed.
10. 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 Septe~er next succeeding twelve (12) months from
their date.
11. According to Section 10603 of the Streets and Highways
Code, the City Council designates the City Treasurer to collect and
receive pa~ent of the assessments. The property owners who elect
to pay their assessments in cash before the issuance of improvement
bonds will not be retired to pay their pro rata share of the
allowance for special rese~e fund and allowance for bond discount.
, , ,
The above and foregoinq'resolution was passed and adopted
at a regular meeting of the Saratoga Ci~ Council held on the 3rd
day of August, 1988, by the following vote:
AYES: ~cilmembers Clev~ger, ~yles~ Peter~n~ S~tzman ~d ~yor ~derson
NOES: None
ABSENT: None
ATTEST:
' Deputy ~ity~~lerk