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1988-193-Reopening Cash Payment Period And Directing Actions With Respect TheretoRESOLUTION NO, 1988 -193 A RESOLUTION REOPENING CASH PAYMENT PERIOD AND DIRECTING ACTIONS WITH RESPECT THERETO TOWN OF LOS GATOS Downtown Parking Assessment District RESOLVED by the Town Council (the "Council ") of the Town of Los Gatos (the "Town "), County of Santa Clara, California, that WHEREAS, in proceedings before this Council held pursuant to Resolution No. 1987-3, "A Resolution of Intention to Make Acquisition and Improvements ", this Council adopted on May 18, 1987, Resolution No. 1987 -60, "A Resolution Adopting Engineer's Report, Confirming the Assessment and Ordering the Work and Acquisitions, Directing Recording and Filing of Assessment, Assessment Diagram and Notice of Asssessment, Appointing Collection Officer, and Providing for Notice to Pay Assessments "; WHEREAS, pursuant to said Resolution No. 1987-60, this Council confirmed assessments and directed that owners of properties assessed in said proceedings be allowed at least 30 days in which all or a portion of each assessment could be paid, in whole or in part, in cash; WHEREAS, before the conclusion of said 30 -day period, litigation affecting said proceedings was filed in a court of competent jurisdiction which litigation caused this Council to order that all cash payments be returned to those persons responsible for said payments; WHEREAS, in said litigation, the trial court has found in favor of the Town and this Council intends to continue said assessment proceedings under said Resolution of Intention; and WHEREAS, it is appropriate to order the reopening of the cash payment period to afford property owners the opportunity to pay, in whole or in part, the amount of their respective assessments. NOW, THEREFORE, IT IS ORDERED as follows: 1. The Director of Finance of the Town is hereby appointed Collection Officer and the person to whom payment of said assessments shall be made, and that the office of said Director of Finance, 110 East Main Street, P.O. Box 949, Los Gatos, California, 95031, is designated as the place at which said payment shall be made, and the Superintendent of Streets of the Town is hereby relieved of all responsibilities in connection with collecting said assessments. 2. The provisions of Section 9 of Resolution No. 1987-60 with respect to the particulars of mailing and publishing notices are hereby incorporated by this reference, except that said notices shall be entitled "Amended Notice to Pay Assessments" and said notices shall clearly state that they replace the Notice to Pay Assessments heretofore given in the proceedings. rrrwr�arrr•rr *rer PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on 3 day of October , 1988, by the following vote: AYES: Council Members Joanne Benjamin, Brent N. Ventura and Mayor Eric D. NOES: Council Members ABSTAIN: Council Members ABSENT: Council Members SIGNED: ATTEST: Carlson None Thomas J. Ferrito and Robert L Hamilton None MAYOR OF THE TOWN OF LOS GATOS SENIOR DEPUTY CLERK 071E TOWN OF LOS GAT09 -2- (ENG03 /TC 10/3 -2)