1981-054-Confirming Assessment And Ordering Proposed Improvement To Be Made; Providing For Notice Recording Of Assessment; And Designating The Town Clerk To Collect And Receive MoneyTOWN OF LOS GATOS
ASSESSMENT DISTRICT NO. 79 -1
(KNOWLES DRIVE AND VICINITY)
RESOLUTION NO. 1981 -54
[KD -12)
RESOLUTION CONFIRMING ASSESSMENT AND ORDERING
PROPOSED IMPROVEMENT TO BE MADE; PROVIDING FOR
NOTICE OF RECORDING OF ASSESSMENT; AND DESIGNATING
THE TOWN CLERK TO COLLECT AYD RECEIVE MONEY
WHEREAS, the Town Council of the Town of Los Gatos,
by Resolution of Intention No. 1981 -22 heretofore duly
adopted on February 2, 1981, declared its intention to order
the improvement therein described in an assessment district
designated "Assessment District No. 79 -1" therein described;
and
WHEREAS, this Town Council in and by said resolu-
tion 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
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f:
TOWN OF LOS GATOS
ASSESSMENT DISTRICT NO. 79 -1
(KNOWLES DRIVE AND VICINITY)
RESOLUTION NO. 1981 -54
[KD -12)
RESOLUTION CONFIRMING ASSESSMENT AND ORDERING
PROPOSED IMPROVEMENT TO BE MADE; PROVIDING FOR
NOTICE OF RECORDING OF ASSESSMENT; AND DESIGNATING
THE TOWN CLERK TO COLLECT AYD RECEIVE MONEY
WHEREAS, the Town Council of the Town of Los Gatos,
by Resolution of Intention No. 1981 -22 heretofore duly
adopted on February 2, 1981, declared its intention to order
the improvement therein described in an assessment district
designated "Assessment District No. 79 -1" therein described;
and
WHEREAS, this Town Council in and by said resolu-
tion 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
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a report in writing containing the matters specified in
Section 10204 of the Streets and Highways Code, which said
report was thereafter filed with the Town Clerk of the Town
of Los Gatos on February 2, 1981, and was preliminarily
approved by this Town Council on February 2, 1981, and this
Town Council fixed 7:30 o'clock P.M. on Monday, March 16,
1981, at the Council Chambers, Town Hall, Civic Center, 110
East Main Street, Los Gatos, California 95030, as the time
and place for the hearing of protests relative to said
proposed improvement, and provided for notice of said hear-
ing; and
WHEREAS, the Town Clerk of the Town of Los Gatos
has filed 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 notices of the
adoption of said Resolution of Intention and of the filing of
said report and of the time and place for hearing protests to
said proposed improvement, or to the extent of the assessment
district or to the proposed assessment; and this Town Council
hereby finds that notice of the adoption of said Resolution
of Intention and of the filing of said report and of the time
and place for hearing protests has been published, posted and
mailed in the time, form and manner required by law; and
WHEREAS, said hearing was duly convened by this
Town Council at said time and place for the hearing of all
protests to said proposed improvement, or to the extent of
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the assessment district or to the proposed assessment, and
all protests thereto received by the Town Clerk of the Town
of Los Gatos were presented to this Town Council; and
WHEREAS, this Town Council found and determined
that protests against said proposed improvement were not made
by the owners of more than one -half of the area of the land
in said assessment district to be assessed for said proposed
improvement; and
WHEREAS, this Town Council thereupon proceeded with
said hearing, and duly considered all of said protests at
said hearing, and duly heard all interested persons desiring
to be heard at said hearing; and
WHEREAS, at said hearing the Engineer of Work
recommended that various changes be made in said report, as
more particularly set forth in his letter on file with this
Town Council; and
WHEREAS, upon the basis of all evidence presented
at said hearing, this Town Council ordered that the assess-
ment and the diagram contained in said report be modified in
certain particulars, as more fully set forth in the records
of this Town Council; and
premises;
WHEREAS, this Town Council is fully advised in the
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the
Town Council of the Town of Los Gatos, as follows:
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Section 1. The foregoing recitals are true and
correct and this Town Council so finds and determines.
Section 2. All protests to said proposed improve-
ment, or to the extent of said assessment district or to said
proposed assessment by this Town Council as modified are
hereby overruled.
Section 3. This Town Council hereby finds and
determines that all of the several assessed subdivisions of
land in said assessment district have been assessed in
proportion to the benefits to be received by such subdivi-
sions, respectively, from said improvement.
Section 4. This Town Council hereby confirms said
assessment and said diagram as so modified as now on file
with it; and declares that said report of said Engineer of
Work and said assessment and said diagram as so modified are
hereby adopted and confirmed.
Section 5. This Town Council hereby orders said
proposed improvement described in said Resolution of Inten-
tion and in said report to be made.
Section 6. The Town Clerk of the Town of Los Gatos
is hereby directed to transmit the diagram of said assessment
district and said assessment as confirmed to the Superinten-
dent of Streets of the Town of Los Gatos and to the Engineer
of Work, and each of said persons shall record the same in
his office, and said assessment shall become due and payable;
and the Town Clerk of the Town of Los Gatos is hereby further
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directed to file in the office of the Santa Clara County
Recorder a copy of said assessment diagram as so recorded and
to execute and record a notice of assessment in the office of
the Santa Clara County Recorder, and said assessment shall
become a lien upon the land on which it is levied; all
pursuant to the Municipal Improvement Act of 1913.
Section 7. The Clerk of the Town of Los Gatos
is hereby designated to collect and receive the money paid
pursuant to said assessment as herein confirmed. The
Clerk of the Town of Los Gatos is hereby ordered and directed
to give notice of recording said assessment by
(a) Mailing postage prepaid to each person owning
property in said Assessment District No. 79 -1, at his last
known address as it appears on the tax rolls of the County of
Santa Clara or on file at the office of the Town Clerk of the
Town of Los Gatos, or to both addresses if they are not the
same, or if no address appears, to General Delivery, Los
Gatos, California, a statement containing a designation of
the property assessed sufficient to enable the owner to
identify it, the amount of the assessment, the date of the
recordation of the assessment, the time and place of payment
of the assessment and the effect of failure to pay within
such time, and a statement that bonds are to be issued under
the Improvement Bond Act of 1915 to represent unpaid assess-
ments; and
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(b) Causing to be published once a week for two successive
weeks in The Los Gatos Times- Saratoga Observer, a r_ewspaper published and
circulated in the Town of Los Gatos, a notice stating that said assessment
has been recorded in the office of the Superintendent of Streets of the
Town of Los Gatos and i.n the office of the Engineer of Works, and that
all sums assessed therein are due and payable immediately, that the payment
of said sums is to be made to the Clerk of the Town of Los Gatos within 30
days after the date of recording the assessment (which date shall be stated
in the notice), and that if any assessments are not paid within the 30 -day
period, bonds will be issued under the Improvement Bond Act of 1315 to
represent unpaid assessments.
PASSED AND ADOPTED net a regular meeting of the Town Council of
the Town of Los Gatos held this 161h day o£ March, 1951, by the following vote:
AYES: COUNCIL MIiMBERS: Ruth Cannon, Marlyn j. Rasmussen,
Peter W. Siemens, Brent N. Ventura and Thomas J
Ferrito
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
SIGNED:
YOR OF THE TO OS GTOS L
ATTEST:1-
r'
CIE R OF THE TOWN OF' LOS" ATOS