HomeMy WebLinkAboutCity Council Resolution 97-23.4 RESOLUTION NO. 97-2~.a
RESOLU~ON OF THE CITY COUNCIL OF THE CITY OF SARATOGA
OF INTENTION TO ORDER IMPROVEMENT IN
VESSING ROAD ASSESSMENT DISTRICT
The City Council of the City of Saratoga resolves:
WHEREAS, this Council intends to order the following improvement under the
authority of the Municipal Improvement Act of 1913:
a) The acquisition of property necessary for the improvement of Vessing Road
from its intersection with Quito Road to Vessing Court to minimum
acceptable City of Saratoga standards by clearing, grubbing, grading, and the
construction therein of base, pavement, curbs, gutters, driveway aprons and
conforms, striping, signage, retaining swuctures, utility relocation, where
required, and a water transmission system consisting of 620 feet, more or
less, of water main, fire hydrant and metered services.
b) The acquisition of all lands, easements and rights-of-way and the
performance of all work auxiliary to any of the above necessary to complete
the same.
NOW THEREFORE, BE IT RESOLVED, AS FOLLOWS:
This Council finds that the land specially bene~ted by the improvement is shown
within the boundaries of the map enti~ed, "Proposed Boundaries of Vessing Road
Assessment District, City of Saratoga, County of Santa Clara, California." This map has
been approved by the City Council and is now on file with the City Clerk. The !and
within the exterior boundaries shown on the map shall be designated Vessing Road
Assessment District, City of Saratoga, County of Santa Clara, California.
This Council intends to levy a special assessment upon the land within the
described district in accordance with the special benefit to be received by each parcel of
land, respectively, from the improvement.
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.
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 twenty-four (24) 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 10,
of the SWeets and Highways Code of the State of California.
The City will not obligate itself to advance available funds from the City treasury to
cure any deficiency which may occur in the bond redemption fund. A determination not
to obligate itself shall not prevent the City, in its sole discretion, ~'om so advancing funds.
This Council finds that the Special Assessment Investigation, Limitation and Majority
Protest Act of 1931 (commencing with Section 2800, Streets and Highways Code) does not
apply to these proceedings.
This Council appoints Civil Consultants Group 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.
If any excess shall be realized from the assessment it shall be used, in such
amounts as the City Council may determine, in accordance with the provisions of law for
one or more of the following purposes:
(a) Transfer to the general fund of the City, provided that the amount of any
such transfer shall not exceed the lesser of $1,000 or 5% of the total amount
expended from the improvement fund;
(b) As a credit upon the assessment and any supplemental assessment, provided
that such surplus may, if the City Council so determines, also be applied as
a credit to the City or any local, state or national agency or authority which
shall have made a contribution towards the cost and expenses of the
acquisitions and improvements in the proportion which such contribution
bears to the total amount of the assessment or supplemental assessment
prior to the deduction of all such contributions;
(c) For the maintenance of the improvements; or
(d) To call bonds, thereby reducing outstanding assessments and subsequent
assessment installments.
The above and foregoing resolution was passed and adopted by the Saratoga City Council
at a meeting held on the 21st day of May, 1997, by the following vote:
A~S: Councilmembers 3acobs, Shaw, Wolfe, and Mayor Moran
NOF_~S: None
ABSBNT:Councilmember Bogosian -- -
ATTEST:
Deputy CiW~7~Clerk~'''/7'