HomeMy WebLinkAboutCity Council Resolution 258 WY :J~:smf 5-26-~5 8C
RESOLUTION NO. 258
A RESOLUTION AND ORDER ADOPTING ENGINEER' S REPORT,
CONFIR~NG THE ASSESS~T AND ORDERING THE WORK
THE~ AVENUE AREA ASSESSENT DISTRICT
RESOLVED, by 'the City Conncil of the City of Saratoga,
California, that
WHEREAS, on the 16th day of December, 1964, said Council
adopted its Resolution of Intention No. 219 to construct public
improvements in said City, and referred the proposed improvements
to the Director of Public Works of said City, he being the officer
having charge and control of the construction of improvements in
and for said City of the kind described in said Resolution of
Intention and being s competent person appointed by said Council
for that purpose;
WHEREAS, said Council thereby directed said Director of
Public Works to make and file with the City Clerk of said City
a report in writing in accordance with and pursuant to the
Municipal Improvement Act of 1913;
WHEREAS, said report was duly made and filed with the City
Clerk of said City, whereupon said Clerk presented it to the
Council for consid~eration;
WHEREAS, said Council thereupon duly considered said report
and each and every part thereof and found that it contained all
matters and things called for by the provisions of said Act,
including (1) plans and specifications of the proposed improvements,
(2) estimate of costs, (3) diagram of district, and (4) sn assess-
\
ment according to benefits, all of which was done in the form and
manner required by said Act;
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 Pnd day
of June, 1965, at the hour of 8:00 o'clock P.M., of said day in
the Council Chambers, City Hall, Saratoga, California, ss the
time and place for hearing protests in relation to said proposed
improvements, and directing the City Clerk of said City to give
notice of said he,sting as requi~ed by said Act;
WHEREAS, it appears that notices of said hearing were duly
and regularly posted, mailed and published in the time, form and
manner required by said Act, as evidenced by the affidavits on
file with said City 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, or to the extent of the assessment district, or to
the proposed assessment or diagram or to the grades at which said
work will be done, or to the Engineer's estimate of the costs and
expenses thereof, filed written protests with the City Clerk of
said City st or before the time set for hearing, and all persons
interested desiring to be heard were given an opportunity to be
heard~ and all matters and things pertaining to said improvements
were fully heard and considered by said Council, and were
overruled , and said Council has acquired
Jurisdiction to order said improvements and the confirmation of
said diagram and assessment to pay the costs and expenses thereof~
NOW, TEEFOE, said Council does hereby FIND, DETERMINE
and ORDER, as follows:
1. That the owners of one-half of the area to be assessed
for the cost of the project did not, at or prior to the time
fixed for said hearing file written protests against the said
proposed improvements as a whole, or against the ssld district
or the extent thereof to be assessed for the costs and expenses
of said improvements as s whole, or ss to the Engineer's estimste
of said costs and expenses, or against the diagram or assessment
to pay for the co~ts and expenses thereof.
2. That the district benefited by said improvements and
to be assessed to pay the costs and expenses thereof, and the
exterior boundaries thereof are more particularly described in
said Resolution of Intention snd msde s part hereof by reference
thereto. That all public streets and highways within said assess-
ment district in use in the performance of s public function as
such shall be omitted from said district and from the levy and
collection of the special taxes to be hereafter levied and
collected to cover the costs and expenses of said improvements.
3- That the plans and specifications for the proposed
improvements, contained in said report, be, and they are hereby,
finally adopted and approved ss the plans and specifications to
which said work shall be done as called for in said Resolution
of Intention.
4. That the Engineer's estimate of the itemized and total
costs and expenses of said improvements, and of the incidental
expenses in connection therewith, contained in said report, be,
and it is hereby, finally adopted and approved ss the Engineer's
total and detailed estimate of the costs and expenses of said
improvements.
5. 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 Resolution of Intention
in file in the office of the City Clerk of said City, reference
to which is hereby made for a more particular description of said
improvements, an~ also for further particulars pursuant to the
provisions of s~id lunicipal Improvement.~Act of 1913.
6. That the diagram showing the assessment district referred
to and described in said Resolution of Intention, and also the
boundaries and dimensions of the respective subdivisions of land
within said district as the same existed at the time of the pass-
age of said Resolution of Intention, each of which subdivisions
having been given a separate number upon said dlagram~ as contained
in said report, be, and it is hereby', finally approved and confirm-
ed as the diagram of the properties to be assessed to pay the costs
and expenses of said improvements.
7. That the assessment of the total amount of the costs
and expenses of the proposed improvements upon the several sub-
divisions of land in said district in proportion to the estimated
benefits to be received by said subdivisions, respectively, from
said improvements,. and of the expenses incidental thereto, con-
tained in said report, be, and the same is hereby, finally approved
and confirmed as the assessment to pay the costs and expenses of
said improvements.
8. That said Engineer's report be, and the same is hereby,
finally adopted a~d approved as a whole.
9. That the City Clerk shall forthwith deliver to the
Superintendent of Streets the said assessment~ together with said
diagram thereto attached and made a part thereof, as confirmed
b~ this Council, with his certificate of such confirmation thereto
attached and of the date thereof; and that said Superintendent of
Streets shall record said diagram and assessment in his office in
s suitable book to be kept for that purpose, and append thereto
his certificate ef the date of such recording, and such recordstion
shall be and constitute the assessment roll herein.
lO. Thmt ss!id Superintendent of Streets, upon the recording
of said diagram and assessment~ shall mail to each owner of real
property within the assessment district at his last known address
as the same appears on the tax rolls of the Cit~ or on file in the
office of the City Clerk of said City~ or to both addresses if
said address is net the same, or to the general delivery when no
address so appears, a statement containing s designation b~ street
number or other description of the property assessed sufficient
to enable the owner to identify the same, the amount of the assess-
ment, the time and place of payment thereof, the effect of failure
to pay within such time, and a statement of the fact that bonds
will be issued on the unpaid assessments pursuant to the Improve-
ment Bond Act of 1915, the last installment of which bonds shall
mature not to exceed feurteen (14) years from the second da~ of
~uly ne~t succeeding ten (lO) months from their date.
ll. That said Superintendent of Streets shall also give
notice by publishing a copy of a Notice to Pay Assessments by
three successive insertions in the Saratoga News~ s newspaper
published in said City that said assessment has been recorded in
his office, and that all sums assessed thereon are due and payable
immediately, and that the payment of said sums is to be made
thirty (BO) days s~ter the date of recording said assessment,
which date shall be stated in said notice, and of the fact that
bonds will be issued upon unpaid assessments ss above provided.
i hereby certify that the foregoing is a full, true 'and
correct copy of Resolution duly passed and adopted by the City
Council of the City of Saratoga, California, at a meeting thereof
h~!d on the ~,~ day of 3am ~ 1965 ~, by the following
vote of the members thereof:
AYES, and in favor thereof, Councilmen: ~rake, ga~msu,
NOES, Comcilmen: m
ABSENT~ Comcilmen: ~Be
City Clerk of the Cit~ Saratoga
APPROVE:
~ayor