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HomeMy WebLinkAboutCity Council Resolution 99-37 RESOLUTION NO. 99- 37 A RESOLUTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENT FISCAL YEAR 1999-2000 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-l RESOLVED, by the City Council of the City of Saratoga, California, as follows: WHEREAS, on the 17th day of February, 1999, said Council adopted its Resolution No. 99-10, "A Resolution Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 1999-200011 for the City of Saratoga Landscaping and Lighting Assessment District LLA-l, pursuant to the Landscaping and Lighting Act of 1972, and directed the City Engineer to prepare and file with the Clerk of tbis City a written report called for under said Act and by said Resolution No. 99-10; and WHEREAS, said report was duly made and tiled with the Clerk of said City, whereupon said Clerk presented it to the City Council for its consideration; and 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. 99-10, 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; and WHEREAS, 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 2nd day of June, 1999, at the hour of7:30 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 levy and collection of the proposed assessments for said improvements, including the maintenance or servicing, or both, thereof, for Fiscal Year 1999- 2000, and directing said Clerk to give notice of said hearing as required by said Act; and 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, and that the notice and ballot required by Article XIIID, Section 4( c) and (d) of the California Constitution, were mailed to all property owners of record subject to the assessment at least 45 days prior to the date of the public hearing on the proposed assessment or increase, as evidenced by the Affidavit and Certificates on file with the City Clerk, whereupon said hearing was duly and regularly held at the time and place stated in said notice; and 1 WHEREAS, persons interested, objecting to or in favor of. 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 Engineer's estimate of costs thereof, submitted ballots 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; and WHEREAS, at the conclusion of the public hearing the City Clerk did tabulate all returned ballots; NOW, THEREFORE, it is hereby found, determined and ordered, as follows: 1. That the tabulation of ballots returned to the City Clerk indicates that with the exception of Zones None ,protests against 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 Engineer's estimate of costs thereof, for Fiscal Year 1999-2000, do not represent a majority protest pursuant to Streets and Highways Section 22630.5 or Article XIIID, Section 4(e). The tabulation of ballots returned to the City Clerk indicates that the protests against the proposed increase in assessments for Zones None do represent a majority protest pursuant to Streets and Highways Section 22630.5 or Article XIIID, Section 4(e) and the proposed assessments and improvements for Zones None as set forth in the Engineer's Report are modified accordingly. 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 both, 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 benefited 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 line 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 said report, be, and they hereby are, finally adopted and approved. 2 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 a 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. 99-10, and also the boundaries of any zones therein and the Jines and dimensions of each lot or parcel of land within said District as such lot or parcel ofland 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 1999-2000 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 continuation thereto attached and the date thereof 11. That the order for 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 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. * * * * * * 3 Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 16th day of June , 1999, by the following vote: A)1ES: Councilmembers Baker, Streit, Mehaffey, Vice Mayor Bogosian, Mayor Shaw NOES: None ABSENT: None ABSTAIN: None 'i.)~ J¡~ o MAYOR ATTEST: 7iw.a Q. I~ CITY CLE~ J> 4