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HomeMy WebLinkAboutCity Council Resolution 2565.4 RESOLUTION NO. 2565.4 A RESOLUTION OVERRULING PROTEST8 AND ORDERING THE ANNEXATION O1~ TERRITORY TO AN EXISTING ASS~MENT DISTRICT, ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENT CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA-1 ANNEXATION NO. 1989-1 FISCAL YEAR 1989-1990 RESOLVED, by the City Council of the City of Saratoga, California, as follows: WHEREAS, on the 19th day of April, 1989, said Council adopted its Resolution No. 2565, "A Resolution 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 to prepare and file with the Clerk of this City a written report called for under said Act and by said Resolution No. 2565; 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; 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. 2565, 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 areas proposed to be annexed to the existing assessment district, which are also the areas 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 21st day of June, 1989, at the hour of 7:30 p.m. of said day in the City Council Chambers at 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; WHEREAS, persons interested, objecting to the annexation of territory to an existing assessment district, or objecting to said improvements, including the -1- 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 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 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 against 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 eaeh area of assessable lands within said territory proposed to be annexed and assessed herein, and that said protests be, and each of them hereby are 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 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 Clerk of said City. Said map indicates by a boundary line the extent of the annexed territory included in said assessment district, and 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 No. 1989-1" 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 hereby are, 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 hereby is, finally adopted and approved. 7. That the publie 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. -2- 8. That the diagram showing the exterior boundaries of the annexed territory referred to and described in said Resolution No. 2565, 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 hereby is, 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 of 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 hereby is, finally approved and confirmed. 19. That said Engineer's Report be, and the same hereby is, finally adopted and approved as a whole. 11. That the City Clerk shall forthwith file with the Audior 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 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, heretofore duly adopted or made by this Council. Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 21st day of June, 1989, by the following vote: AYES: Counci~rs "'Cleverget, ~oyles,, Stutzman, and Mayor Anderson NOES: COuncjlFent~r Peterson MAYOR ATTEST: ciTY CLERK -3-