HomeMy WebLinkAboutCity Council Resolution 91-36.4 RESOLUTION NO. 91-36.4
A RESOLUTION OVERRULING PROTEST8 AND ORDERING
THE ANNEXATION OF TERRITORY TO AN EXISTING
ASSESSMENT DISTRICT, ORDERING THE IMPROVEMENTS
AND CONFIRMING THE DIAGRAM AND ASSESSMENT
CITY OF SARATOGA LANDSCAPINGAND LIGHTING ASSESSMENT
DISTRICT LLA-1
ANNEXATION NO. 1991-1
FISCAL YEAR 1991-1992
RESOLVED, by the City Council of the City of Saratoga,
California, as follows:
WHEREAS, on the 17th day of April, 1991, said Council
adopted its Resolution No. 91-36, "A Resolution Determining to
Undertake Proceedings for the Annexation of Territory to an
Existing Assessment District Known as City of Saratoga
Landscaping and Lighting Assessment 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. 91-36;
WHEREAS, said report was duly made and filed with the Clerk
of said City; whereupon said Clerk presented it to the City
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. 91-36, 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 19th day
of June, 1991, at the hour of 8:30 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
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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, for Fiscal Year 1991-1992, 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 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
protests with the Clerk of said City at or before the conclusion
of said hearing, and all persons 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 followsz
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 each area of assessable lands within said territory
proposed to be annexed and assessed heroin, and that said
protests be, and each of them hereby are overruled.
2. That as a result of protests received against the
annexation of a certain portion of the territory proposed to be
annexed to said existing assessment district, this Council
ordered that certain land identified as Tract Nos. 1996, 1938,
1727, 1493, 1644, 1695, 1222 and 1179 be excluded from such
territory and that the Engineer's report be amended to reflect
the exclusion of said land.
3. 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
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said Act, for the construction or installation of the improve-
ments, 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.
4. That the annexed territory and the boundaries thereof
benefitted 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.
5. That said annexed territory be, and it is hereby,
designated as "City of Saratoga Landscaping and Lighting
Assessment District LLA-1 Annexation No. 1991-1" by which name it
may hereafter be referred to.
6. 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.
7. 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.
8. 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.
9. That the diagram showing the exterior boundaries of the
annexed territory referred to and described in said Resolution
No. 91-36, 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.
10. That the assessment of the total amount of the costs
and expenses of the proposed improvements upon the several lots
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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.
11. That said Engineerrs Report be, and the same hereby is,
finally adopted and approved as a whole.
12. 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 the date thereof.
13. That the order ordering the annexation of territory to
an existing assessment district and the final adoption and
approval of the Engineerrs 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 25th day
of June, 1991, by the following vote:
AYES: Councilmembers Anderson, Kohler and Mayor Stutzman
NOES: None
ABSENT: Counci linetuber Moni a
ABSTAIN: Counci 1 member C1 evenger
ATTEST:
CITY
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