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HomeMy WebLinkAboutCity Council Resolution 272 1. ~L:JS :pk 6 1-65 80 ,,RESOLUTION N0. 272 A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMD{G TE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS SARATOGA AND COX AVENUES STORM DRAIN AND SANITARY SEWERAGE PROJECT RESOLVED, by the City Council of the City of Saratoga, California, that' WEEAS, on the 4th day of November, 1964, said Council adopted its Resolution of Intention No. 211 as subsequently amended, to acquire and construct public improvements in said City, and referred the proposed acquisitions and improvements to the Engineer of Work of said City, he being the officer having charge and control of the acquisition and construction of im- provements in and :for said City of the kind described in said Resolution of Intention, as amended, and being a competent person appointed by said Council for that purpose; WEEAS, said Council thereby directed said Engineer of Work to make and file with the City Clerk of said City a report in writing in accordance with and pursuant to the Municipal Improve- ment 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 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, including (1) maps and descriptions of lands and easements to be acquired; (2)plans and specifications of the proposed improve- ments; (3) estimate of costs; (4) diagram of district, and (5) an assessment 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 deter- minued that it should stand as the report for all subsequent pro- ceedings under said Act, whereupon said Council, pursuant to the requirements of said Act, appointed Wednesday, the 16th 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, as the time and place for hearing protests in relation to said proposed acquisitions and improvements, and directing the Clerk of said City to give notice of said hearing as required by said Act3 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 wit:~.~ 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 acquisitions and improvements, or to the extent of tl~e assess- ment district, or to tt~e proposed assessment or diagram~ or to the maps and descriptions, or to t]::~e grades at wlnich said work will be done, or to the Engineer's estimate of the costs and ex- penses thereof, filed written protests with the City Clerk of said City at or before the time set fo~ hea~lri.ng, and ~!~ll persons interested desiring to be heard were givev~ an opportunitF' to be heard, and all matters and things pertaining to said acquisitions and improvements were fully heard and considered by said. Council and said Council has acquired Jurisdiction to order said acqui- sitions and 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 0RDER~ 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 acquisitions and improvements as a whole, or against the said district or the extent thereof to be assessed for the costs and expenses of said acquisitions and improvements as a whole, or as to the Engineer's estimate of said costs and expenses~ or against the maps and descriptions, or against the diagram or assessment to pay for the costs and expenses thereof. 2. That the district benefited by said acquisitions and im- provements and to be assessed to pay the costs and expenses there- of, and the exterior boundaries thereof are more particularly des- cribed in said Resolution of Intention, as amended, and made a part hereof by reference thereto. That all public streets and highways within said assessment district in use in the performance of a public function as such shall be omitted from said district and from the levy and collection of the special taxes to be here- after levied and collected to cover the costs and expenses of said acquisitions and improvements. 3. That the plans and specifications for the proposed im- provements, contained in said report, be, and they are hereb~~, finally adopted and approved as the plans and specifications to which said work shall be done as called for in said Resolution of Intention, as amended. 4. That the Engineer's estimate of the itemized and total costs and expenses of said acquisitions and improvements, and of the incidental expenses in connection therewith, contained in said report, be, and it is hereb~r, finally adopted and approved as the Englneer's total and detailed estimate of the costs and expenses of said acquisitions and improvements. 5. That the maps and descriptions of the lands and easements to be acquired, as contained in said report, be, and the sa~ne are hereby, finally approved and confirmed. 6. That the public interest and convenience require, and said Council does hereby order the acquisitions and improvements to be made as described in and in accordance with said Resolution of Intention, as amended, on file in the office of t~e City Clerk of said City, reference to which is hereby made for a more part~c~ lar description of said acquisitions and improvements, and also for further particulars pursuant to the provisions of said Munici- pal Improvement Act of 1913. 7. That the diagram showing the assessment district referred to and described in said Resolution of intention, as amended, and also the boundaries and dimensions of t~e respective subdivisions of land witk'~in said district as the same existed at the time of the passage of said Resolution of Intention, as amended~ each of whict~ subdivisions having been given a separate number upon said diagram, as contained in said report, be, and it is hereby,finally approved and confirmed as the diagram of the properties to be assessed to pay the costs and expenses of said acquisitions and improvements. 8. That tkl'~e assessment of the total amount of the costs expenses of tL~e proposed acquisitions and improvements upon t~e several subdivisions of land in said district in proportion to the estimated benefits to be received by said subdivisions, respec- tively, from said acquisitions and improvements, and of tt~e ex- penses incidental thereto~ contained in said report, be, and the same is hereby, finally approved and confirmed as t3~e assessment to pay the costs and expenses of said acquisitions and improvements 9. That said Engineerls report be~ and the same is hereby~ finally adopted and approved as a whole. lO. That the City Clerk shall forthwith deliver to the Superintendent of Streets the said assessment, together said diagram thereto attached and made a part thereof~ as con- firmed by this Council~ with his certificate of sucin~ confirmation t~ereto attached and of the date t~ereof; and t~at said Superin- tendent of Streets shall record said diagram and assessment in his office in a suitable book to be kept for tl~at purpose, ~nd append thereto his certificate of the date of suc~ recording, and such recordation shall be and constitute t~e assessment toil ~erein. ll. That said Superintendent of Streets, upon the recording of said diagram and assessment, shall mail to e~cl~ owner of real property within the assessment district at ~is last know~ address as tl~e same appears on the tax rolls of t~e City or on file in the office of the City Clerk c~ said City~ or to both addresses if said address is not the same, or to the general delivery when no address so appears, a statement containing a designation by street number or other description of the proDert~ assessed suf- ficient to enable the owner to identify the same, the amount of the assessment, the time and place of payment thereof, t~I~e effec~ of failure to pay within such time~ and a statement of the fact tl~at bonds will be issued on the unpaid assessments pursuant to the Improvement Bond Act of 1915, ~he last installment of ~hich bonds shall mature not to exceed fourteen (14) years from the second day of July next succeeding ~en (10) months from t~l~!~sir date. l~. 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, a newspa.oer 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 (30) days after the date of recording said assessment, which date si~all be stated in said notice, and of the fact that bonds will be issued upon unpaid assessments as above provided. I hereby certify that the foregoing is a full, true and cor- rect copy of Resolution duly passed and adopted b~ the City Council of the City of Saratoga, California, at a r;~eeting thereof held on the 24th day of June ._, 196 5 , by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Cl~nnon, Tyler, Burry NOES, Councilmen: None ABSENT, Councilmen: Drake, Hartman C i't~" C l er ~ "0i' '~ i~'e' 'u'~'tyy ,s arat oga APPRO =, :~ -6-