1981-023-Approving Engineer's Report On Proposed Improvement In Town Of Los Gatos Assessment District No. 79-1 And Appointing Time And Place For Hearing Protests To Said Improvement And Calling For Bids On Said ImprovementEKD -51
TOWN OF LOS GATOS
ASSESSMENT DISTRICT NO. 79 -1
(KNOWLES DRIVE AND VICINITY)
RESOLUTION NO. 1981 -23
RESOLUTION APPROVING ENGINEER'S REPORT ON
PROPOSED IMPROVEMENT IN TOWN OF LOS GATOS
ASSESSMENT DISTRICT NO. 79 -1 AND APPOINTING
TIME AND PLACE FOR HEARING PROTESTS TO SAID
IMPROVEMENT AND CALLING FOR BIDS ON SAID
IMPROVEMENT
WHEREAS, in accordance with prior proceedings duly
had and taken, the Town Council of the Town of Los Gatos has
determined to undertake proceedings pursuant to the Municipal
Improvement Act of 1913 and issue bonds in said proceedings
under the provisions of the Improvement Bond Act of 1915 for
the acquisition and construction of public street facilities,
including clearing and grading; removal of obstructions;
subgrade preparation; aggregate base; asphaltic concrete
pavement; portland cement concrete curbs, gutters, sidewalks
and driveways; lighting facilities; retaining walls, trees
and landscaping; storm drainage facilities; signs; traffic
signals, railroad crossing and crossing protection signals;
and all work auxiliary to any of the above which may be
necessary to complete the same, in and for an assessment
district in the Town of Los Gatos to be designated Assessment
District No. 79 -1; and
WHEREAS, this Town Council by Resolution of
Intention No.1981 -22 heretofore duly adopted on February 2 ,
1981, declared its intention to order said improvement to be
acquired and constructed; and
WHEREAS, this Town Council in and by said
resolution referred said proposed improvement to Mark Thomas
& Co., Inc. as Engineer of Work, and directed said Engineer
of Work to make and file with the Town Clerk of the Town of
Los Gatos a report in writing containing the matters
specified in Section 10204 of the Streets and Highways Code;
and
WHEREAS, in accordance with said resolution said
Engineer of Work on February 2 , 1981, filed with the Town
Clerk of the Town of Los Gatos a report in writing containing
the matters specified in said Section 10204 of the Streets
and Highways Code, including the following:
(a) Plans and specifications of said improvement;
(b) A general description of the property
necessary or convenient for the operation of said improvement;
(c) An estimate of the cost of said improvement
and of the cost of lands, rights -of -way, easements and inci-
dental expenses in connection with said improvement;
E
(d) A diagram showing the assessment district and
the boundaries and dimensions of the subdivisions of land
within said district as they existed at the time of the
passage of said Resolution of Intention, each of which sub-
divisions has been given a separate number upon said diagram;
and
(e) A proposed assessment of the total amount of
the cost and expenses of said improvement (after taking
account of the contribution by the Town of Los Gatos)
distributed and allocated upon the several subdivisions of
land in said district in proportion to the estimated benefits
to be received by such subdivisions, respectively, from said
improvement, which assessment refers to the subdivisions by
their respective numbers as assigned by said diagram; and
WHEREAS, said report has been duly presented by the
Town Clerk of the Town of Los Gatos to this Town Council for
consideration and has been fully considered by this Town
Council;
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the
Town Council of the Town of Los Gatos, as follows:
Section 1. The foregoing recitals are true and
correct and this Town Council so finds and determines.
Section 2. Said report is hereby preliminarily
approved by this Town Council.
Section 3. 7:30 o'clock P.M. on Mnnda
y
March 16, 1981, at the Council Chambers, Town Hall, Civic
K,
Center, 110 East Main Street, Los Gatos, California 95030, is
hereby fixed as the time and place for hearing protests to
said proposed improvement. Any interested person may object
to the proposed improvement, the extent of the assessment
district or to the proposed assessment by filing a written
protest with the Town Clerk of the Town of Los Gatos at or
before the time set for said hearing. Such protest must
contain a description of the property in which each signer
thereof is interested sufficient to identify the same and, if
the signers are not shown on the last equalized assessment
roll as the owners of such property, must contain or be
accompanied by written evidence that such signers are the
owners of such property. The Town Clerk of the Town of Los
Gatos shall endorse on each protest the date of its receipt
and at said time appointed for said hearing shall present to
this Town Council all protests filed with her.
Section 4. The Town Clerk of the Town of Los Gatos
is hereby directed (a) to cause notices of said hearing to be
posted in the time, form and manner provided by law, and (b)
to cause a notice of said hearing to be published in the Los
Gatos Times - Saratoga Observer in the time, form and manner
provided by law, and (c) to give notice by mail of the
adoption of the Resolution of Intention for said proposed
improvement and of the filing of said report to all persons
owning real property proposed to be assessed in the time,
form and manner provided by law.
El
Section 5. Upon the completion of the mailing of
said notices, the Town Clerk of the Town of Los Gatos is
hereby directed to file with this Town Council an affidavit
setting forth the time and manner of the compliance with the
requirements of law for publishing, posting and mailing said
notices.
Section 6. Sam J. Zullo of Mark Thomas & Co.,
Inc., 18 N. San Pedro Street, San Jose, California 95110,
telephone (408) 295 -2425, and J. F. Van Houten, Director of
Public Works of the Town of Los Gatos, Civic Center, 110 East
Main Street, Los Gatos, California 95030, telephone
(408) 354 -6863, are hereby designated to answer inquiries
regarding the protest proceedings.
Section 7. The Town Clerk of the Town of Los Gatos
is hereby directed to cause a notice to bidders inviting
sealed proposals or bids for the making of said improvement,
in substantially the form attached hereto, marked "Exhibit A"
and made a part hereof, to be posted in three (3) public
places in the Town of Los Gatos for two (2) succeeding weeks
and to be published once a week for two (2) succeeding weeks
in the Los Gatos Times -.Saratoga Observer.
Section 8. Sealed bids for making said improvement
shall be received at the time and place and in the manner
specified in said notice.
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PASSED AND ADOPTED this 2nd day of February, 1981,
by the following vote:
AYES: Councilmembers: Ruth Cannon, MarLyn J. Rasmussen, Peter W.
Siemens, Brent N. Ventura, Thomas J. Ferrito
NOES:
None
[Seal]
Attest:
Town Clerk of the Town r Los Gatos
ri