HomeMy WebLinkAboutCity Council Resolution 94-24.4 RESOLUTION NO. 94-24.4
A RESOLUTION OVERRULING PROTESTS AND ORDERING
THE IMPROVEMENTS AND CONFIRMING
THE DIAGRAM AND ASSESSMENT
FISCAL YEAR 1994-1995
CITY OF SARATOGA .LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT LLA-1
RESO~VBD, by the City Council of the City o~ Saratoga,
California, as follows:
WH~RBAS, on the 18th day of May, 1994, said Council adopted
its Resolution No. 94-24 , "A Resolution Describing Improve-
ments and Directing Preparation of Engineer~s Report for Fiscal
Year 1994-1995" for the City of Saratoga Landscaping and Lighting
Assessment District LLA-1, 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. 94-24 ;
W]rEREAS, 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. 94-24 , including (1) plans and
specification of the existing improvements and the proposed new
improvements; (2) estimate of costs; (3) diagram of the District;
and (4) an assessment according to benefits; all of which were
done in the form and manner required by said Act;
WHBREAS, 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 3rd day of
August, 1994, 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
lev~ and collection of the proposed assessments for said
improvements, including the maintenance or servicing, or both,
thereof, for Fiscal Year 1994-1995, and directing said Clerk to
give notice of said hearing as required by said Act;
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WHEREAS, it appears that notices of said hearing were duly
and regularly published and posted 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; and
WHEREAS, persons interested, objecting to 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 Engineerws
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 levy and collection of
the assessments for 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 said improvements, including the
maintenance or servicing, or beth, 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, for Fiscal Year 1994-1995, be, and each of them hereby
are overruled.
2. That the public interest, convenience and necessity
require and said Council does hereby order the levy and
collection of assessments pursuant to said Act, for the
construction or installation of the improvements, including the
maintenance or servicing, or beth, thereof, more particularly
described in said Engineer*s Report and made a part hereof by
reference thereto.
3. That the City of Saratoga Landscaping and Lighting
Assessment District LLA-1 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 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 Iine the extent of the territory included
in said District and any zone thereof and the general location of
said District.
4. That the plans and specifications for the existing
improvements and for the proposed improvements to be made within
the assessment district or within any zone thereof contained in
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said report, be, and they hereby are, finally adopted and
approved.
5. 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.
6. 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 ~ more particular
description of said improvements.
7. That the diagram showing the exterior boundaries of the
assessment district referred to and described in said Resolution
No. 94-24 , and also the boundaries of any zones therein and
the lines and dimensions of each lot or parcel of land within
said District 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.
8. That the assessment of the total amount of the costs
and expenses of said improvements upon the several lots or
parcels of land in said District in proportion to the estimated
benefits to be received by such lots or parcels, respectively,
from said improvements, and 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.
9. That said Engineer~s Report for Fiscal Year 1994-1995
be, and the same hereby is, finally adopted and approved as a
whole.
10. 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.
11. That the order [or the levy and collection of
assessment for the improvements 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 and 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
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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 3rd day of
August, 1994, by the following vote:
AYES: Councilmembers aacobs, Moran, Tucker, Wolfe and Mayor Burger
NOES: None
ABSENT: None
ABSTAIN:None
~YOR
ATTEST:
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