HomeMy WebLinkAboutCity Council Resolution 93-031.20
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RESOLUTION NO. 93-031.20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
APPROVING AMENDED ENGINEER'S REPORT,
LEVYING ASSESSMENTS, AND ORDERING IMPROVEMENTS
(LEONARD ROAD ASSESSMENT DISTRICT)
The City council of the City of Saratoga resolves:
This City Council has taken a series of actions
preliminary to ordering the improvement in Leonard Road
Assessment District, City of Saratoga, Santa Clara County,
california, and now makes the following findings and orders:
1. The City 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 of
Assessment and Community Facilities Districts.
2. The City Council adopted its Resolution of
Intention to order the improvement described therein under the
Municipal Improvement Act of 1913, and directed John Heindel 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 design and construction of improvements to Leonard
Road in the city of Saratoga to the City's public
street standards including the acquisition of property
rights, if necessary, to accomplish same.
3. The Engineer of Work filed the report as directed,
and the City Council called a public information meeting and a
public protest hearing on the report as required by section 10301
of the Streets and Highways Code. Notice of the public
information meeting and the public protest hearing was given by
mail to affected property owners, all according to the Municipal
Improvement Act of 1913. A certificate of Mailing was filed with
the city Clerk.
4. At the time and place for which notice was given,
the city Council conducted the public information meeting as
scheduled.
5. At the time set for the public hearing on October
26, 1993, the City Council conducted the public protest hearing
as scheduled, and gave every interested person an opportunity to
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object to the proposed improvements, the extent of the assessment
district, or the proposed assessment.
7. The documents
stated here in tabular form,
appropriate, their numbers.
the City Clerk.
and events described above are
with their dates and, where
All documents are now on file with
Document or Event
~
Number
a. Resolution Approving Boundary Map 7/7/93 93-031.8
b. Boundary Map filed with County Recorder 8/27/93
c. Resolution of Intention 7/7/93 93-031.9
d. Filing of Engineer's Report 9/7/93
e. Resolution Preliminarily Approving
Engineer's Report and setting dates for
informational meeting and public hearing
of protests 9/7/93 93-031.18
f. certificate of Mailing Notice to Property
Owners of Time and Place of Public Meeting
on Proposed Levy of Assessments and
of Time and Place of Public Hearing of
Protests 9/10/93
g. Public Information Meeting conducted 10/6/93
h. Public Protests Hearing conducted 10/26/93
8. The City 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.
9. Prior to the public hearing, the Engineer of Work
filed an Amended Engineer's Report as directed by the City
Council.
10. The City Council approves the Amended Engineer's
Report and each component part of it, including each exhibit
incorporated by reference in the report.
11. The Council finds that the Engineer of Work, in
the Amended Engineer's Report, has fairly and properly
apportioned the cost of the improvements to each parcel of land
and the assessment district in proportion to the estimated
benefits to be received by each parcel, respectively, from the
improvements. The Council hereby confirms and levies each
individual assessment as stated in the Amended Engineer's Report.
12. The Council orders the improvements described in
paragraph 2 and as detailed in the Amended Engineer's Report.
13. 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
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of 1915 (Division 10, streets and Highways Code), and the last
installment of the bonds shall mature not to exceed nineteen (19)
years from the second day of September next succeeding twelve
(12) months from their date.
14. According to Section 10603 of the Streets and
Highways Code, the city council designates the Treasurer to
collect and receive payment of the assessments. The property
owners who elect to pay their assessments in cash before the
issuance of improvement bonds will not be required to pay their
pro rata share of the allowance for special reserve fund,
allowance for bond discount and allowance for capitalized
interest.
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PASSED AND ADOPTED at a regular/~Jgtt!'.iW~ of the City
Council of the City of Saratoga held on the 26th day of October,
1993, by the following vote:
AYES:
Councilmembers Anderson, Burqer, Kohler, Mania and Mayor Tucker
None
NOES:
ABSENT:
None
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Mayor 9u
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By~, E~éo~p;;ty city Clerk
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