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1981-027-Order Adopting Engineer's Report, Confirming The Assessment And Ordering The Work And Acquisitions-Broadway Extension Assessment Districtthat: RESOLUTION NO. 1981 -27 A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS - BROADWAY EXTENSION ASSESSMENT DISTRICT RESOLVED, by the Town Council of the Town of Los Gatos, California WHEREAS, on the 2nd day of September, 1980, said Council adopted its Resolution of Intention No. 1980 -120, as amended, to acquire and construct public improvements in said Town, and referred the proposed acquisitions and improvements to the Engineer of Work of said Town, he being a competent person appointed by said Town for the purpose of having charge and control of the acquisition and construction of public improvements in and for said Town of the kind described in said Resolution of Intention, as amended; and WHEREAS, said Council thereby directed said Engineer of Work to make and file with the Town Clerk of said Town, a report, in writing, in accordance with and pursuant to the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code of the State of California; and WHEREAS, said report was duly made and filed with the Town Clerk, whereupon said Clerk presented it to this Council for 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, including (1) plans and specifications of the proposed improvements, (2) estimate of costs, (3) diagram of district, (4) an assessment according to benefits, and (5) maps and descriptions of lands and easements to be acquired, all of which was done in the form and manner required by said Act; and -1- 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 and said Resolution of Intention, as amended, whereupon said Council, pursuant to the requirements of said Act, appointed Monday, the 19th day of January, 1981, at the hour of 7:30 o'clock p.m. of said day in the regular meeting place of said Council, Council Chambers, Civic Center, 110 East Main Street, Los Gatos, California, as the time and place for hearing protests in relation to said acquisitions and improvements and directing the Town 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 posted, mailed and published in the time, form and manner required by said Act, as evidenced by the certificates and affidavits on file with said Clerk, whereupon said hearing was duly and regularly held at the time and place advertised in said notices; and WHEREAS, persons interested objecting to said acquisitions and improvements, or to the extent of the assessment district, or to the proposed assessment or diagram, or to the grades at which said work will be done, or the Engineer's estimate of the cost and expenses thereof, or to the maps and descriptions, filed written protests with the Town Clerk at or before the time set for said 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 improvements were fully heard and considered by said Council, and were overruled, and said Council has acquired jurisdiction to order said acquisitions and improvements and the confirmation of said diagram and assessment to pay the cost and expenses thereof. -2- NOW, THEREFORE, SAID COUNCIL DOES HEREBY FIND, DETERMINE AND ORDER, AS FOLLOWS: 1. That the owners of one -half of the area of the property to be assessed for the cost of said project did not, at or prior to the time fixed for said hearing, file written protests against said proposed acquisitions and improvements as a whole, or against said district or the extent thereof to be assessed for the cost and expenses of said acquisitions and improvements as a whole, or as to the Engineer's estimate of cost and expenses of said project, or against the grades at which said work is proposed to be done, or against the maps and descriptions, or against the diagram and assessment to pay for the cost and expenses thereof. 2. That any and all protests made either to said proposed acquisitions and improvements, or the grades at which said work is proposed to be done, or the extent of the assessment district, or the amounts of the several assessments, or the maps and descriptions, and all persons desiring to be heard in relation to any of said matters, whether as protestants or otherwise, have been fully heard and considered, and have been overruled. 3. That the district benefited by said acquisitions and improvements and to be assessed to pay the cost and expenses thereof, and the exterior boundaries thereof, is the district described in said Resolution of Intention, as amended, and made a part hereof by reference thereto. 4. That all public streets and highways within 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 cost and expenses of said acquisitions and improvements. -3- 5. That the Engineer's estimate of the itemized and total cost 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 cost and expenses of said acquisitions and improvements. 6. That the plans and specifications for the proposed improvements contained in said report, be, and they are hereby, finally adopted and approved as the plans and specifications to which said work shall be done as called for in said Resolution of Intention, as amended. 7. That the public interest and convenience require, and said Council does hereby order the acquisitions and improvements to be made and done as described in and in accordance with said Resolution of Intention, as amended, on file in the office of the Town Clerk, reference to which is hereby made for a more particular description of said acquisitions and improvements and for further particulars pursuant to theprovisions of said Act. 8. That the diagram showing the assessment district referred to and described in said Resolution of Intention, as amended, and also the boundaries and dimensions of the respective subdivisions of land within said district as the same existed at the time of the passage of said Resolution of Intention, as amended, each of which subdivisions havina been given a separate number upon said diagram as contained in said report, be, and it is hereby, finally approved and confirmed as the diagram of the properties to be assessed to pay the cost and expenses of said acquisitions and improvements. 9. That the assessment of the total amount of the cost 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, respectively, from said acquisitions and improvements, and of the expenses incidental thereto, as contained in said report, be, and the same is hereby, finally approved and confirmed as the assessment to pay the cost and expenses of said acquisitions and improvements. 10. That the maps and descriptions of the acquisitions to be made, as contained in said report, be, and the same are hereby, approved and confirmed. 11. That said Engineer's Report be, and the same is hereby, finally adopted and approved as a whole. 12. That the Town Clerk shall forthwith deliver to the Superintendent of Streets of said Town the assessment, toaether with said diagram thereto attached and made a part thereof as confirmed by this Council, with his certificate of such confirmation thereto attached and of the date thereof, and that said Superintendent of Streets shall forthwith record said diagram and assessment in his office in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording, and such recordation shall be and constitute the assessment roll therein. 13. That the Collection Officer, upon the recording of said diagram and assessment, shall cause to be mailed to each owner of real property within the assessment district at his last known address as the same appears on the tax rolls, or on file in the Office of the Town Clerk, 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 date of the recordation of said assessment, the time and place of payment thereof, the effect of -5- failure to pay within such time, and a statement of the fact that bonds will be issued on unpaid assessments pursuant to the Improvement Bond Act of 1915, Division 10 of said Streets and Highways Code. 14. That said Collection Officer shall also cause Notice to Pay Assessments to be published in the Los Gatos Times Observer, a newspaper published and circulated in Santa Clara County, there being, no newspaper published in said Town, that said assessment has been recorded and that all sums assessed thereon are due and payable immediately and that the payment of said sums is to be made within thirty (30) days after the date of recording said assessment, which date shall be stated in said notice, the effect of the failure to pay assessments within the thirty (30) day period, and of the fact that bonds will be issued upon unpaid assessments as above provided. Said publication shall be made once a week for two successive weeks with at least five (5) days intervening between the respective publication dates, not counting such publication dates. 15. That final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, estimate of the cost and expenses, maps and descriptions of the lands and easements to be acquired, 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 in accordance with any resolution or order, if any, heretofore duly adopted or made by this Council. PASSED AND ADOPTED at a regular meeting of the Town Council of -6- the Town of Los Gatos held on the 17th day of February, 1981, by the following vote: AYES: COUNCIL Peter MEMBERS W. Siemens, Ruth Cannon, Marlyn J. Rasmussen Brent N. Ventura, Thomas J. Ferrito NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None ATTEST: SIGNED: CLERK OF THE TOWN OF, OS GATOS V -7-