HomeMy WebLinkAboutCity Council Resolution 99-18
RESOLUTION NO, 99-18
RESOLUTION APPROVING REPORT AND ASSESSMENT
AND ORDERING IMPROVEMENT
VESSING ROAD ASSESSMENT DISTRICT
CITY OF SARATOGA, SANTA ClARA COUNTY, CALIFORNIA
The City Council of the City of Saratoga resolves:
WHEREAS, this City Counci1 has taken a series of actions preliminary to ordering
the improvement in Vessing Road Assessment District, City of Saratoga, Santa Clara
County, California, and now makes the following findings and orders:
1. The City Counci1 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 Civil Consultants Group, as the Engineer of Work for the assessment district, to
prepare the report required by Section 10204 of the Streets and Highways Code. Said
Resolution of Intention was later amended.
The improvement is generally described as follows:
a) Steps preliminary to the construction of a water supply system consisting of
620 feet; more or less, of water mains, fire hydrant and metered services,
including, but not limited to, feasibility studies, engineering plans, cost
estimates, legal expenses, and acquisition of easements and rights-of-way
necessary therefor.
b) The acquisition of property necessary for the improvement ofVessing Road
from its intersection with Quito Road to Vessing Court to minimum
acceptable City of Saratoga standards by dearing, grubbing, grading, and the
construction therein of base, pavement, curbs, gutters, driveway aprons and
conforms, striping, signage, retaining structures, utility relocation, where
required, and a water transmission system consisting of 620 feet, more or
less, of water main, fire hydrant and metered services.
c) 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.
''''''''''''''''''1''11''''''''''''''11'''111'''''''',,,,,,,,,,,,,.,,,,,,,,,,,,,".",,,,,.,,,,,,,.,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,, ""I'''''''IIIIIIIIIIIIII~III l
Ihlll ''I'''IIIII,III IIIII"IIIIII"IIIIII"IIIIII'IIIIIIII'IIIIII'IIIII~I~II~I"IIIIII"III1I111I"""""""'_"."'''''.'''''''.''''.''.'"'''''"''''_w".~",,."".
3. The Engineer of Work filed the report as directed, and the City called a
hearing on the report as required by Section 10301 of the Streets and Highways Code.
Notice of the hearing was given by mailing to affected property owners, all according to
the Municipal Improvement Act of 1913. In addition, an Assessment Ballot was mailed to
affected property owners, as required by Article XlllD of the California constitution and
the Proposition 218 Omnibus Implementation Act. An affidavit of mailing the Notice of
Improvement and the Assessment Battot was filed with the City Clerk.
4. The public hearing was continued from time to time to April 7, 1999.
5. At the time and place for which notice was given, the City conducted a
public hearing and gave every interested person an opportunity to object to the proposed
improvement, the extent of the assessment district, or the proposed assessment.
6. The City Council finds that an assessment ballot proceeding on the question
of the proposed assessment was conducted in accordance with Article XlUD of the
California Constitution and the Proposition 218 Omnibus Implementation Act, and that the
ballots marked and returned do not constitute a majority protest as defined therein.
7. The documents and events described in paragraphs 1 to 5, inclusive, are
stated here in tabular form, with their dates and, where appropriate, their numbers. All
documents are now on file with the City Clerk.
Document or Event Date Number
a. Resolution approving boundary map OS/21/97 97-23.1
b. Boundary map filed with County Recorder OS/23/97 Dated
c. Resolution of Intention OS/21/97 97-23.4
d. Re~olution amending Resolution of Intention 11/19/97 97-23.5
e. Filing of Engineer's Report 11/19/97 Dated
f. Resolution accepting Report 11/19/97 97-23.7
g. Certificate of Mailing Notice of
Improvement and Assessment Ballot 11/25/97 Dated
h. Public hearing conducted 04/07/99
8. The City Council approves the Engineer's Report and each component part
of it, including each exhibit incorporated by reference in the report.
9. The City Council finds that the Engineer of Work in the Engineer's Report
has fairly and properly apportioned the cost of the improvement to each parcel of land in
the assessment district in proportion to the estimated benefits to be received by each
parcel, respectively, from the improvement. The City hereby confirms and levies each
individual assessment as stated in the Engineer's Report.
10. This City orders the improvement described in paragraph 2 and as detailed
in the Engineer's Report.
2
"",,,,,,,,,,,,,",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,.,"""."..",.",,,,,.,,,,,,,.,,,",",,,,,,,,,,,,,,,,,,,,,,",,,,,,,,,,,,,'"'''''''''''''''''''''''''''''''''''''''''''''''''''''''''
''''''.'''''''.'''''''."'''''.'''''''.'''''''.'''''".",,,,,.,,,,,,,.,,,,,,,....,,.
11. Bonds representing unpaid assessments, and bearing interest at a rate not to
exceed twelve percent (12%) per annum, win 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.
12. According to Section 10603 of the Streets and Highways Code, the City
designates the City 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 aUowance for capitalized interest.
*
*
*
The above and foregoing resolution was passed and adopted by the Saratoga City Council
at a meeting held on the 7th of April, 1999, by the fotlowing vote:
AYES: Counci lmembers Baker, Stre; t, r,1ehaffey, Vi ce r·1ayor 80gos; an, t1ayor Sha\'I.
NOES: None
ABSENT: None
ATIEST:
~Ú~
" . ,. ' City Clerk
\\~~.
() Mayor
3