1987-057-Determination Under Division 4 Of The Streets And Highways Code To Proceed With Proceedings For Acquisitions And ImprovementsRESOLUTION NO. 1987- 57
A RESOLUTION OF DETERMINATION UNDER DIVISION 4 OF
THE STREETS AND HIGHWAYS CODE TO PROCEED WITH
PROCEEDINGS FOR ACQUISITIONS AND IMPROVEMENTS
TOWN OF LOS GATOS
DOWNTOWN PARKING ASSESSMENT DISTRICT
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara,
California, that
WHEREAS, a report has been prepared, approved and filed pursuant to Division 4
of the Streets and Highways Code for the acquisitions and improvements described in
Exhibit A attached hereto and made a part hereof;
WHEREAS, this Council ordered that the hearing on said approved report be held
by it and fixed the time and place for said hearing, notice of which has been duly given;
WHEREAS, at said hearing said report, except as to the map, plat or diagram and
the assessed valuations and the true valuations of and assessments and estimated
assessments upon each parcel of land, was read before protests were considered, and
the person who prepared said report appeared and gave all information concerning it to
all interested property owners and to this Council;
WHEREAS, all persons interested desiring to be heard were fully heard, and all
oral protests or objections made at said hearing by persons who would be entitled to
protest or object to the ordering of the things proposed to be done at the hearing pursuant
to the resolution of intention in the proceedings being conducted by this Council for the
making of said acquisitions and improvements pursuant to the Municipal Improvement Act
of 1913, and all duly filed written protests by such persons and duly filed written protests
relating to the regularity or sufficiency or validity of the proceedings under Division 4 of the
Streets and Highways Code, including objections to the form, contents, validity or
sufficiency of said report or of the notice of hearing thereon, were fully heard and
considered;
WHEREAS, said hearing was not continued from time to time for a period in excess
of 120 days from the date fixed therefor, and this is the date designated by this Council for
consideration of said report, being within thirty days of the date of closing of said hearing;
NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED, as follows:
1. The owners of more than one -half of the area of the property to be assessed for
said acquisitions and improvements have not filed written protests or objections with the
Town Clerk at or before the time fixed for said hearing, or at any time before the adoption
of the resolution of intention, or within the time when protests may be filed in the
proceedings being conducted by this Council for said acquisitions and improvements
pursuant to the Municipal Improvement Act of 1913, or at all.
2. The owners of more than one -half of said area to be assessed have not, either
orally or in writing, protested or objected, and that each and all of said protests are hereby
overruled.
3. Said report and proceedings heretofore had thereon or therefor are valid and
fully conform with the provisions of Division 4 of the Streets and Highways Code, and all
protests in writing relating to the regularity or sufficiency or validity of the proceedings, filed
with said Town Clerk at or before the time fixed for said hearing, are hereby overruled.
4. The public interest, convenience and necessity require said acquisitions and
improvements set forth in said report.
5. Said proposed project is feasible and the lands to be assessed will be able to
carry the burden of the proposed assessment, and the limitations on the amounts of the
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assessments provided for in said Division 4 may be disregarded, both with respect to the
limitation on the district as a whole, and as to the limitation on individual, specific
assessments.
6. Proceedings for the making of said acquisitions and improvements will be had
pursuant to the Municipal Improvement Act of 1913, and the bonds upon unpaid
assessments will be issued pursuant to the Improvement Bond Act of 1915.
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EXHIBIT A
TOWN OF LOS GATOS
DOWNTOWN PARKING ASSESSMENT DISTRICT
WORK DESCRIPTION
Within the Town of Los Gatos, County of Santa Clara, the acquisition and
construction of the following improvements to be constructed using the proceeds of
assessments and contributions of the Town of Los Gatos:
1. The improvement of Parking Lot No. 3 located in the block bounded by University and
Santa Cruz Avenues and Grays Lane and Royce Street, by the construction of a surface
parking lot to provide approximately 50 parking spaces.
2. The improvement of Parking Lot No. 4 located in the block bounded by University and
Santa Cruz Avenues and Grays Lane and Elm Street, by the construction of a structure
(top level at grade) to provide approximately 316 parking spaces;
3. The improvement of Parking Lot No. 9 located in the block bounded by Park Avenue,
West Main Street and State Highway 17 by the construction of a surface parking lot to
provide approximately 30 parking spaces;
4. The improvement of Parking Lot No. 15 located at the intersection of East Main Street
and Alpine Avenue, by the re- construction of an existing traffic island and adjacent street
to provide approximately 22 parking spaces;
5. The performance of all work necessary and or convenient for the accomplishment of
the foregoing, including, but not limited to, clearing, grubbing, excavation, filling,
compacting, the installation of base, pavement, surface chip and /or slurry seal, curbs,
gutters, storm drainage features and the installation and /or replacement of signs, lights,
and landscaping, as required and the acquisition of all lands, easements, right -of -way,
permits, licenses and franchises, necessary and /or convenient for the accomplishment of
all of the foregoing.
All improvements will be landscaped and will comply with the State of California
handicapped requirements.
v
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos held on I8thday of May 19 87, by the following vote:
AYES: COUNCIL MEMBERS Joanne Benjamin Eric D. Carlson and
Mayor Brent N. Ventura
NOES: COUNCIL MEMBE
ABSTAIN: COUNCIL MEMBERS Thomas J. Ferrito and Robert L. Hamilton
ABSENT: COUNCIL MEMBERS None
ATTEST:
220301
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
CLERK OF THE TOWN OF LOS-fGATOS
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