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HomeMy WebLinkAboutCity Council Resolution 2138-D~3/17A WMAM:JEB:om 05/23/84 12c RESOLUTION NO. 2138-D A RESOLUTION OVERRULING PROTESTS AND ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENT FISCAL YEAR 1984 - ]985 CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA-1 RESOLVED, by the C~ty Council of the City of Saratoga, California, as follows: WHEREAS, on the 18th day of April, ].984, said Council adopted its Resolution No. 2138, Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 1984 - 1985 for the City of Saratoga Landscaping and Lighting District LLA-1 Pursuant to the Landscaping and Lighting Act of ].972, and directed the City Engineer to prepare and file with the Clerk of this City a written report called for under said Act and by said Resolution No. 2138; WHEREAS, said report was duly made and filed with the Clerk of said City, whereupon said Clerk presented it to the City Council for its cons{.deration; 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. 9138, including (]} plans and specifications of the existing {.mprovements and the proposed new improvements; fP) estimate of costsT (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 Net; 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 6th day of June, 1984, at the hour of 7:00 o'clock p.m. of said day An the regular meeting place of said Council, C~ty Hall, 13777 Fruitvale Avenue, Saratoga, California 95070, as the time and. place for hearing protests ~n relation to the levy and collection of the proposed assessments for said improvements, including the maintenance or servicing, or both, thereof, for Fiscal Year 1984 - 1985, and d~recting said Clerk to give notice of said hearing as required by said Act; 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, whereupon sa{d hearing was duly and regularly held at the time and place stated in said notice; and WHEREAS, persons interested, objecting to 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 ~iagram or to the Engineer's estimate of coets thereof, ~iled written protests with the Clerk of said City at or before the conclus~.on of said hearing, and all persons interested desiring to be heard were given an opportunity to be hear~, and all matter~ and things pertaining to the levy and collection of the assessments for sai~ improvements, ~.ncluding the maintenance or servicing, or both, thereof, were fully heard and considered by said Council; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED, as follows: 1. That 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 Eng~neer's estimate of costs thereof, for Fiscal Year 1984 - 1985 be, and each of them are hereby, overruled. ~. That the public interest, convenience and necessity require and said Council does hereby order the levy and collectS. on of assessments pursuant to said Act, for the construction or installation of the improvements, ~nclu~ng the maintenance or servicing, or both, thereof, more particularly ~escribed in sai~ Engineer's Report and ma~e a part hereof by reference thereto. 3. That the City of Saratoga Landscaping and L~ghting 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 ~n Saratoga, California, and are more particularly described by reference to a map thereof on ~ile 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 of 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 w~thin any zone thereof contained in said report, be, and they are hereby, finally adopted and approved. 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 ~s hereby, finally adopted and approved. 6. That the pub].ic ~nterest and convenience requ~.re, and sa]~ Council ~oes hereby order the ~.mprovements to be made.as ~escribed in and in accordance with said Engineer's Report, reference to which ~s hereby made ~or 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. ~138, and also the boundaries of any zones therein and the lines and dimensions of each lot or parcel of land within said District as such lot or parcel of .].and is shown on the County Assessor' s maps for the fiscal year to which it app]ies, each of which lot or parcel of ]and has been given a separate number upon said ~i. agram, as contained in said report, be, and it is hereby, finally approved and confirmed. 8. That the assessment of the total amount of the costs and expenses of the said improvements upon the several lots or parcels of ].and in said District in proportion to the est~mate~ 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 ~s hereby, finally approved and confirmed. 9. That said Engineer's Report for Fiscal Year 1984 - 1985 be, and the same is hereby, finally adopted and approved as a whole. 10. That the City Clerk shall forthwith file with the Auditor cf 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 confirmation thereto attached and of the date thereof. ].l. 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 ~.n accordance w~th any resolution or order, ~f any, heretofore duly adopted or made by this Council. I hereby certify that the foregoing ~s a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 6th day of June , 1984 , by the following vote of the members thereof: AYES, and in favor thereof, Council Members: Callon, Clevenger, Fanelli, MalloryandMayorM~yles NOES, Council Members: None ABSENT, Council Members: None Deput~ty Clerk 0{ the Saratoga APPROVED: Mayor -3-