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2001-086- Ordering The Improvements And Confirming The Diagram And AssessmentRESOLUTION 2001 - 86 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENT .FISCAL YEAR 2001-2002 TOWN OF LOS GATOS LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS NO. 1 & 2 VASONA HEIGHTS BENEFIT .ZONE RESOLVED, by the Town Council of the Town of Los Gatos, California, as follows: WHEREAS, on the 2nd day of April, 2001, said Council adopted its Resolution No.2001-30, "A Resolution Describing Improvements and Directing .Preparation of Engineer's Report for Fiscal Year 2001-2002" for the Town of Los Gatos Landscaping. and Lighting Assessment Districts No. 1 & 2, pursuant to the Landscaping and Lighting Act of 1972, and directed the Town Engineer to prepare and file with the Clerlc of this Town a written report called for under said Act and by said Resolution No. 2001-30; and WHEREAS, said .report was duly made and filed with the Clerlc of said Town, whereupon said Clerk presented it to the Town Council for its consideration; and 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. 2001-30, including (1) plans and specification of the existing improvements and the proposed new improvements; {2) estimate of costs,; (3) diagrams of the Districts; and {4) an assessment according. to benefits; all of which were done in the form and manner required by said Act; and 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 Monday, the 4"' day of June, 2001, at the hour of 7.:00 p.m. of said day in the Town Council Chambers at 110 East Main Street, Los Gatos, California, as the time and place for hearing protests in relation to the levy and collection of the proposed assessments for said improvements, including the maintenance or servicing, or both, thereof, for Fiscal Year 2001- 2002, and directing said Clerk to give notice of said hearing as required by said .Act; and WHEREAS, it appears that notices of said hearing were duly and regularly published and posted in the tune, form and manner required by said Act, as evidenced by the Affidavits and Certificates on file with said Clerlc, whereupon said hearing was duly and regularly held at the time and place stated in said notice; and WHEREAS, persons interested, objecting to or in favor of, said .improvements, including the maintenance or servicing, or both, thereof, or to the extent of the .assessment .districts, or any zones therein, or to the proposed assessment or diagram or to the Engineer's estimate of costs thereof, were given an opportunity to be heard, and all .matters and things pertaining to the levy and collection of the assessments for said improvements, including the maintenance or servicing, or both, thereof, were fully heard and considered by said Council. NOW, THEREFORE, the Town Council of the Town of Los Gatos hereby finds, determines and orders the .following for each of the following zones of benefit within the Town of Los Gatos Landscaping & .Lighting Assessment Districts No. 1 & 2: VASONA HEIGHTS BENEFIT ZONE 1. That protests against said improvements, including the maintenance or servicing, or both, thereof, or to the extent of the assessment districts or the above mentioned zones therein, or to the ;proposed assessment or diagram, or to the Engineer's estimate of costs thereof, for Fiscal Year 2001-.2002, do not .represent a maj ority protest pursuant to California Streets and Highways Code Section 22630.5, or Article XIIID, Section 4(e) of the Constitution of the State of California. 2. That the public interest, convenience and necessity .require and said Council does hereby order the levy and collection of assessments pursuant to said Act, for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, more particularly described in said Engineer's Report and made a part. hereof by reference thereto. 3. That the Town of Los Gatos Landscaping and Lighting Assessment Districts No. 1 & 2 and the boundaries thereof benefitted 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 in Los Gatos, California, and are more particularly described by reference to a map thereof on file in the office of the Clerk of said Town. Saidmap indicates by a boundary line the extent of the territory included in said Districts and the above mentioned zones therein and the .general location of said Districts. 4. That the plans and specifications for the existing improvements and for the proposed improvements to be made within the assessment. districts or within the above mentioned .zones therein contained in said report, be, and they hereby are, 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 ofthe incidental expenses in connection therewith, contained in said report, be, .and it hereby is, finally adopted and approved. 6. 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 Engineer's Report, reference to which is hereby made for a more particular description of said improvements. 7. That the diagram showing the exterior boundaries of the assessment districts referred to and described in aid Resolution No. 2001-3'0, and also the boundaries of the above mentioned zones therein and the lines_and dimensions of each lot or parcel of land within said Districts as such lot or parcel of .land is shown on the County .Assessor's maps for the fiscal year to which it applies, each of which lot or parcel of land has been given a separate number upon said diagram, as contained in said report, be, and it hereby is, finally approved and confirmed. 8. That the assessment of the total amount of the costs .and :expenses of said improvements upon the several lots or parcels of land in said Districts in proportion to the estimated 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 :hereby is, finally approved and .confirmed.. 9. That said Engineer's Report for Fiscal Year 2001-2002 for the above mentioned zones of benefit within the Town of Los Gatos Landscaping & Light Assessment Districts No. & 2 be, and the. same hereby is, finally adopted and approved as a whole. 10. That the Town Clerl~ shal'1 forthwith file with the Auditor of Santa Clara County the said assessments, together with said diagram thereto attached and made a part thereof, as .confirmed by the Town Council, with the certificate of such confirmation thereto attached and the date thereof. 1 l . That the order for the. levy and collection of assessments 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 assessments, 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 in accordance with any resolution or order heretofore duly adopted or made by this Council. PASSED and ADOPTED by the Town Council of the Town of Los Gatos, California, at a meeting thereof held on the 16"' day of July, 2001, by the following vote: .AYES: .Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman, Mayor Joe Pirzynski. NAYS: None AB SBNT: None ABSTAIN: None SIGNED: M YOR OFT OWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF TI-IE TOWN OF LOS GATOS LOS GA T'OS; CALIFORNIA