HomeMy WebLinkAboutCity Council Resolution 301 ~L:JS:amf 10-1.~ -65 8C
RESOLUTION NO. 3ol
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT,
CONFIRMING THE ASSESS~ AND ORDERING THE WORK
AND ACQUISITIONS
AZULE HOMESITES IMPROVEMENT PROJECT
RESOLVED, by the City Council of the City of Saratoga,
California, that
WHEREAS, on the 7th day of April, 1965, said Council adopted
its Resolution of Intention No. 229 to acquire and construct public
improvements in said City, and referred the proposed acquisitions
and improvements to the Director of Public Works of said City, he
being the officer having charge and control of the acquisition
and construction of improvements in and for said City of the kind
described in said Resolution of Intention and being a 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 purs'~ant 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 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 improvements
(3) estimate of costs, (4) diagram of district, and (5) an assess-
ment according to benefits, all of ~hich ~as 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-
mined 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 15th day of
September~ 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 acqui-
sitions and improvements, and directing the City Clerk of said
City to give notice of said hearing as required 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, .~f. persons interested, objecting to said acqui-
sitions and improvements, or to the extent of the assessment dis-
trict, or to the proposed assessment or diagram, or to the maps
and descriptions, 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
at 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 acquisitions and improve-
ments were fully heard and considered by said Council, and
were overruled , and said Council has acquired
Jurisdiction to order said acquisitionss and improvements and the
confirmation of said diagram and assessment to pay the costs and
expenses thereof.
NOW, THERF3OE, 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
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 ss
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
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 and made a part hereof
by reference thereto. That all public streets and highways with-
in 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 hereafter 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 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 acquisitions and improvements, and of
the incidental expenses in connection therewith~ contained in said
report, be, and it is hereby, finally adopted and approved as the
Engineer's total and detailed estimate of the costs and expenses
of said acquisitions and improvements4
5. That the maps and descriptions of the lands and easements
to be acquired, as contained in said report, be~ and the same 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 on file in the office of the City Clerk of said City,
reference to which is hereby made for a more particular description
of said acquisitions and improvements, and also for further particu.
lars pursuant to the provisions of said Municipal Improvement Act
of 19!3.
7. 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 e~isted at the time of the pass-
age of said Resolution of Intention, each of which subdivisions
having been given a separate number upon said diagram, 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 acquisitions and improvements.
8. That the assessment of the total amount of the costs and
expenses of the proposed acquisitions and improvements upon the
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 the expense
incidental thereto, contained in said report, be, and the same is
hereby, finally approved and confirmed ss the assessment to pay
the costs and expenses of said acquisitions and improvements.
9. That said Engineer's 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 with said
diagram thereto attached and made a part thereof, as confirmed
by this Council, with his certificate of such confixation there-
to attached and of the date thereof; and that said Superintendent
of Streets shall record said diagram and assessment in his office
in a suitable book to be kept for that purpose, and append there-
to his certificate of the date of such recording, and such
recordation shall be and constitute the assessment roll herein.
ll. That said Superintendent of Streets, upon the recording
of said diagram and assessment, shall mail to each owner of real
property within the assessment district st his last known address
as the same appears on the tax rolls of the City or on file in
the office of the City Clerk of 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 property assessed
sufficient to enable the owner to identify the same° the amount
of the assessment, the time and place of payment thereof, the
effect of failure to pay within. such time, and s statement of
the fact that bonds will be issued on the unpaid assessments
pursuant to the Improvement Bond Act of 1915, the last installment
of which bonds shall mature not to exceed fourteen (14) ~esrs
from the second day of July next succeeding ten (lO) months from
their date.
12. That said Superintendent of Streets shall also give
notice b~ publishing a copy of s Notice to Pay Assessments by
three successive insertions in the Saratoga News, a newspaper
published in said City that said assessment has been recorded
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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 shall 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
correct copy of Resolution duly passed and adopted by the City
Council of the City of Saratoga, California, at s meeting thereof
held on the 20th day of October, 1965, by the following vote of
the members thereof:
AYES, and in favor thereof, Councilmen: Glennon, Drake,
Hartman, Tyler, Burry
NOES, Councilmen: none
ABSENT, Councilmen: none
City Clerk of the City o%~ratoga
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