HomeMy WebLinkAboutCity Council Resolution 93-031.9
RESOLUTION NO. 93-031.9
A RESOLUTION OF INTENTION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
TO ORDER IMPROVEMENT
(LEONARD ROAD ASSESSMENT DISTRICT)
The City Council of the City of Saratoga resolves:
This Council intends to order the following
improvements under the authority of the Municipal Improvement Act
of 1913:
The design and construction of improvements of 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.
This Council finds that the land specially benefited by
the improvement is shown within the boundaries of the map
entitled, "Proposed Boundaries of Leonard Road Assessment
District, 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 Leonard Road Assessment
District, City of Saratoga, Santa Clara County, California.
This Council intends to levy a special assessment upon
the land within th.· 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 belçmging to the united States, the State of California, the
County..of Santa Clara, and the City of Saratoga now in use in the
performance of a public function.
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.
This City Council intends, pursuant to subparagraph (f)
of section 10204 of the California Streets and Highways Code, to
provide for an annual assessment upon each of the parcels of land
in the proposed assessment district to pay various costs and
expenses incurred from time to time by the City and not otherwise
reimbursed to the City which result from the administration and
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collection of assessment installments or from the administration
or registration of the improvement bonds and the various funds
and accounts pertaining thereto.
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 not to exceed nineteen (19)
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 11.1, Division la, of the
streets and Highways Code of the state of California.
The City will not obligate itself to advance and will
not advance available funds from the City treasury to cure any
deficiency which may occur in the bond redemption fund.
This Council appoints John Heindel~ 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.
The amount of any surplus remaining in the improvement
fund after completion of the improvement and payment of all
claims shall be distributed in accordance with the provisions of
section 10427-of ~e streets and Highways Code.
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PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Saratoga held on the 7th day of July, 1993, by the
following vote:
AYES:
NOES:
Councilmembers Anderson, Burger, Mania and Mayor Tucker
None
ABSENT:
Councilmember Kohler
ATTE~;:
By ~.r!. ~ r
Grace E. Cory, -oruty
~t'~ --(\ 14{"'f,A /'
City Clerk
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