1983-054-Order Adopting Engineer's Report, Confirming The Assessment And Ordering The Work And Acquisitions6177A-251a WMAM:PDA:rva 02/02/83 6c
RESOLUTION NO® 1983- 54
A RESOLUTION AND ORDER ADOPTING ENGINEER'S
REPORT, CONFIRMING THE ASSESSMENT AND
ORDERING THE WORK AND ACQUISITIONS
BONNIE LANE ASSESSMENT DISTRICT
RESOLVED, by the Town Council of the Town of Los Gatos,
California, that
WHEREAS, on the 15th day of November, 1982, said Council adopted
its Resolution of Intention No. 1982-214, as amended, to acquire and
construct public improvements in said Town, and referred the proposed
acquisitions and improvements to the Director of Public Works of said
Town, being a competent person employed 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;
WHEREAS, said Council thereby directed said Director of Public
Works to make and file with the Town Clerk of said Town, a report, in
writing, in accordance with and pursuant to the Municipal Improvement
I
Act of 1913, Division 12 of the Streets and Highways Code of the State
of California;
WHEREAS, said report was duly made and filed with the Town Clerk,
whereupon said Clerk presented it to this Council for consideration;
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 o8oLs,
(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;
WHEREAS, said Council found that said report and each and every
Dart thereof was auffioieut 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, v,beceoI/uu said
Council, pursuant to the requirements of said Act, appointed Tuesday,
the 22u0 day of February, 1983, 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, llO East Main Street, I,ns 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;
08EDE8S» it appears that notices of said hearing were duly and
regularly I)natcd, mailed and published in the Lime, 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
WRll8D&G, 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
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p*caoou 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
Vnecculed/ and said Council has acquired jurisdiction to order said
acquisitions and improvements and the confirmation of said diagram and
assessment to Bay the cost and ezI)euoea thereof;
00W, THEK8F0DD^ said Council does hereby FIND, DETERMINE and
8RU88, as follows:
l- 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 aognioitiuoa 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 v/bicb said mfrb 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 x/biob said work is
proposed to be done, or the extent of the assessment district, or the
amounts of the aeneral aaaeaumeoto' or the maps and descriptions, and
all persons desiring to be heard in relation to any of said matters,
whether as gcuteatanto or otherwise, have been folly heard and
considered, and have been overruled.
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3. That the district benefited by said acquisitions and
improvements and to be assessed to pay the coot and expenses thereof,
and the exterior boundaries thereof, is the district described in said
Resolution of Intention, as amended, and made a pact 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 assessments to be hereafter levied and collected to cover the
cost and expenses of said acquisitions and improvements.
S. That the Engineer's estimate of the itemized and total cost
and expenses of said acquisitions and improvements, and of the
incidental mx[>eoaem 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 becmbv^ 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,
zeleccooe to which is hereby made for a more particular description of
said acquisitions and improvements and for further particulars pursuant
to the provisions of said &ot^
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
BeanluLiuo of IoLeutiuo' as amended, each of which subdivisions having
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 aob8inioiunov 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 Day the coat and expenses
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of said ooguisitinns and improvements.
18, That the maps and descriptions of the acquisitions to be
made, as contained in said report, be' and the name are hereby,
approved and confirmed.
ll. That said Engineer's Report be, and the same is hereby,
finally adopted and approved as a vvbnle^
12. That the Town Clerk shall forthwith deliver to the
Superintendent of Streets of said Town the assessment, together with
said diagram thereto attached and made m pact 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 honk to be kept for that purpose, and append thereto his
cerLiticate of the date of such recording, and such recordation shall
be and constitute the assessment roll therein.
1-3. That the Collection Officer, upon the recording of said
diagram and assessment, shall cause to be mailed to each owner of ceal
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 o*ruez 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 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 Pal,
Assessments to be published in the Lon 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 pal/able immediatell, and that the
payment of said aomo 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 gay assessments within said period,
and of the fact that bonds will be issued upon unpaid assessments as
above pcovided. Said publication shall be made once a ^re*h 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 Dogioeec"o 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 bereioabone determined and ordered, is intended to and shall refer
and apply to said Begnct^ or any portion thereof, as amended, modified,
revised or corrected by, or pocaoaut to and in accordance with any
resolution or order, it any, heretofore duly adopted or made by this
Council.
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I, hereby certify that the foregoing resolution was duly and regularly
adopted at a regular meeting of the Town Council of the Town of Los Gatos,
California, held on the 21st day of March, 1983, by the following vote:
AYES, and in favor thereof, Councilmen:
NOES, Councilmen:
Joanne Benjamin, Terrence J. Daily, Thomas J.
Ferrito, MarLyn J. Rasmussen and Mayor Brent
N. Ventura
None
ABSENT, Councilmen: None
anyor
Town Clerk o° the Town ot Los Gates
G