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HomeMy WebLinkAboutCity Council Resolution 2473.2 RESOLUTION NO. 2473.2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA OF INTENTION TO ORDER IMPROVEMENT IN VILLAGE PARKING DISTRICT NO. 3 The City Council of the City of Saratoga resolves: This Council intends to order the following improvement under the authority of the Municipal Improvement Act of 1913: The dedication of easements to be determined in the proceedings and the improvement thereof by clearing, grubbing and grading, removal of existing trees, shrubs and structures and the construction therein of base, pavement, curbs, gutters, sidewalks, driveway approaches, surface and subsurface storm drainage facilities, lighting facilities, wheel stops, signing, striping, landscaping including irrigation system, relocation and/or reconstruction of utility facilities, where required, and all work auxiliary to any of the above and necessary to complete the same as off-street automobile parking facilities. The performing of all work auxiliary to-any of the above and necessary to complete the same. This Council finds that the land specially benefited by the improvement is shown within the boundaries of the map entitled, "Proposed Boundaries of Village Parking District No. 3, City of Saratoga, Santa Clara County, California." This map has been approved by the City Council and is now on file with the City Clerk. The land within the exterior boundaries shown on the map shall be designated Village Parking District No. 3, City of Saratoga, Santa .Clara County, California. This Council intends to levy a special assessment upon the land within the described district in accordance with the special benefit to be received by each parcel of land, respectively, from the improvement. There shall be omitted from special assessment all public streets, alleys and places and all land belonging to the United States, the State of Californiar the County of Santa Clara and this City now in use in the performance of a public function. This Council orders that a portion of the cost of the improvement shall be contributed by the City, and that the balance of the cost shall be specially assessed. Where any disparity occurs in level or size between the improvement and private property, this Council determines that it is in the public interest and more economical to eliminate the disparity by doing work on the private property instead of adjusting the work on public property. Accordingly, work may be done on private property for this purpose with the written consent of the landowner. Serial bonds representing unpaid assessments, and bearing interest at a rate not to exceed twelve percent (12%) per annum, will be issued in the manner provided by the Improvement Bond Act of 1915 (Division 10, Streets and Highways Code), and the last installment of the bonds shall mature fourteen (14) years from the second day of September next succeeding twelve (12) months from their date. The procedure for the collection of assessments and advance retirement of bonds under the Improvement Bond Act of 1915 shall be as provided in Part ll.1, Division 10, of the Streets and Highways Code of the State of California. The City will not obligate itself to advance available funds from the City treasury to cure any deficiency which may occur in the bond redemption fund. A determination not to obligate itself shall not prevent the City from, in its sole discretion, so advancing funds. This Council intends to comply with the requirements of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 by proceeding under Part 7.5 of said Act. The Engineer of Work is directed to include in its report all of the information required by Section 2961 of the Streets and Highways Code. This Council appoints R. C. SMITH ENGINEERS, INC., as Engineer of Work for this project, and directs the preparation of the report required by Section 10204 of the Streets and Highways Code. In the opinion of this Council, the public interest will not be served by allowing owners of assessable lands to enter into a contract for the work of improvement as otherwise permitted in Section 20485 of the Public Contract Code. If any excess shall be realized from the assessment it shall be used, in such amounts as the Council may determine, in accordance with the provisions of law for one or more of the following purposes: (a) Transfer to the general fund of the City, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or 5% of the total amount expended from the improvement fund; (b) As a credit upon the assessment and any supplemental assessment, provided that such surplus may, if the Council so determines, also be applied as a credit to the City or any local, state or national agency or authority which shall have made a contribution towards the cost and expenses of the acquisitions and improvements in the proportion which such contribution bears to the total amount of the assessment or supplemental assessment prior to the deduction of all such contributions; or (c) For the maintenance of the improvements. , , , The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 6th day of April, 1988, by the following vote: AYES: Co~mc]hnembers AndersDn, Clevenger, Hlava, Moyles ~d Mayor Peterson NOES: None ABSENT ~one r ATTEST: Deputy City~lerk 3