1982-214-Intention To Acquire And Construct Improvements5367A -201a WMA,:,:PDA:rva 08 /23/82 6c
RESOLUTION NO. 1982-214
A RESOLUTION OF INTENTION TO ACQUIRE AND
CONSTRUCT IMPROVEMENTS
BONNIE LANE ASSESSMENT DISTRICT
RESOLVED, by the Town Council of the Town of Los Gatos,
California, as follows:
1. In its opinion the public interest and convenience require
and that it is the intention of said Council to order the acquisitions
and improvements more particularly described as follows:
a) The acquisition of property necessary for the
improvement of Bonnie Lane from its intersection
with Shannon Road running southerly 1,040 feet, more
or less, and the improvement thereof by clearing,
excavation and grading and the construction therein
of base, pavement, curbs, gutters, where required,
and surface and subsurface storm drainage facilities,
where required, together with all appurtenances
thereto.
b) The acquisition of all lands and easements and the
performing of all work auxiliary to any of the above
and necessary to complete the same.
2. To the extent that work, rights, improvements or acquisitions
indicated in the Engineer's Report, to be made as provided herein, are
shown to be connected to the facilities, works or systems of, or are to
be owned, managed and controlled by, any public agency other than this
entity, or of any public utility, it is the intention of the Town
Council to enter into an agreement or agreements with the public agency
or public utility or both pursuant to Chapter 2 (commencing with
Section 10100) of Division 12 of the Streets and Highways Code of the
State of California, which agreement or agreements shall provide for
the ownership by said agency or utility of such works, rights,
improvements or acquisitions,.and -may provide for the installation of
all or a portion thereof by said agency or utility and for the
providing of service to the properties in the area benefiting from said
work, rights, improvements or acquisitions by said agency or utility in
accordance with its rates, rules and regulations, and that said
agreement or agreements shall become effective after proceedings have
been taken for the levy of the assessments and sale of bonds and funds
are available to carry out the terms of any such agreement or
agreements.
3. Whenever any public way is herein referred to as running
between two public ways, or from or to any public way, the intersections
of the public ways referred to are included to the extent that work
shall be shown on the plans to be done therein.
4. All of the blocks, streets and alleys herein mentioned are
more particularly shown on maps of record in the office of the County
Recorder of Santa Clara County, California, and shall be shown upon the
plans herein referred to and be filed with the Clerk of said Town.
5. All of said work and improvements are to be constructed at
the places and in the particular locations, of the forms, sizes,
dimensions and materials, and at the lines, grades and elevations as
shown and delineated upon the plans, profiles and specifications to be
made therefor, as hereinafter provided.
6. There is to be excepted from the work above described any of
such work already done to line and grade and marked excepted or shown
not to be done on said plans, profiles and specifications.
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7. Notice is hereby given of the fact that in many cases said
work and improvements will bring the finished work to a grade different
from that formerly existing, and that to said extent said grades are
hereby changed and that said work will be done to said changed_ grades.
8. said Council does hereby adopt and establish as the official
grades for said work the grades and elevations to be shown upon said
plans, profiles and specifications. All such grades and elevations are
to be in feet and decimals thereof with reference to the datum plane of
the Town of Los Gatos.
9. In cases where there is any disparity in level or size
between the improvements proposed to be made herein and private
property and where it is more economical to eliminate such disparity by
work on said private property than by adjustment of the work on public
property, it is hereby determined that it is in the public interest and
more economical to do such work on private property to eliminate such
disparity. In such cases, said work on private property shall, with the
written consent of the owner of said property, be done and the actual
cost thereof may be added to the proposed assessment of the lot on
which said work is to be done.
10. The description of the acquisitions and improvements and the
termini of the work contained in this resolution are general in
nature. All items of work do not necessarily extend for the full length
of the description thereof. The plans and profiles of the work, and
maps and descriptions, as contained in the Engineer's Report, shall be
controlling as to the correct and detailed description thereof.
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11. Said contemplated acquisitions and improvements, in the
opinion of said Council, are of more than local or ordinary public
benefit, and the cost and expenses thereof are made chargeable upon an
assessment district, the exterior boundaries of which district are the
composite and consolidated area as more particularly shown on a map
thereof on file in the office of the Town Clerk to which reference is
hereby made for further particulars. Said map indicates by a boundary
line the extent of the territory included in the proposed district and
shall govern for all details as to the extent of the assessment
district.
12. Said Council further declares that all public streets,
highways, lanes and alleys within said assessment district in use in
the performance of a public function as such shall be omitted from the
assessment hereafter to be made to cover the cost and expenses of said
acquisitions and improvements.
13. Notice is hereby given that serial bonds to represent the
unpaid assessments, and to bear interest at the rate of not to exceed
twelve percent (12 %) per annum, will be issued hereunder in the manner
provided in the Improvement Bond Act of 1915, Division 10 of said
Streets and Highways Code, the last installment of which bonds shall
mature not to exceed fourteen (14) years from the second day of July
next succeeding ten (10) months from their date.
14. Pursuant to Part 14 of Division 10 of said Streets and
Highways Code, said Council intends to covenant for the benefit of
bondholders to commence and diligently prosecute to completion any
foreclosure action regarding delinquent installments of any assessments
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which secure the bonds to be issued in said proceedings to represent
._unpaid assessments.
15. Pursuant to Part 16 of Division 10 of said Streets and
Highways Code, said Council intends to include in said proceedings an
amount to create a special reserve fund for the bonds to be issued in
said proceedings to represent unpaid assessments.
16. Except as herein otherwise provided for the issuance of
bonds, all of said acquisitions and improvements shall be made and had
as provided in the Municipal Improvement Act of 1913, Division 12 of
said Streets and Highways Code.
17. Reference is hereby made to proceedings had pursuant to
Division 4 of said Streets and Highways Code on file in the office of
the Town Clerk.
18. Said proposed acquisitions and improvements are hereby
referred 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 herein, and said Director of
Public Works is hereby directed to make and file with the Clerk of said
Town a report, in writing, presenting the following:
(a) Maps and descriptions of the lands and easements to
be acquired;
(b) Plans and specifications of the proposed improvements
to be made pursuant to this Resolution of Intention;
(c) Engineer's statement of the itemized and total
estimated cost and expenses of said acquisitions and
improvements and of the incidental expenses in
connection therewith;
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(d) Diagram showing the assessment district above
.referred to, 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 this Resolution of Intention, each of
which subdivisions shall be given a separate number
upon said diagram;
(e) A proposed 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 such subdivisions,
respectively, from said acquisitions and
improvement, and of the expenses incidental thereto.
When any portion or percentage of the cost and expenses of the
acquisitions and improvements is to be paid from sources other than
assessments, the amount of such portion or percentage shall first be
deducted from the total estimated cost and expenses of said acquisitions
and improvements, and said assessment shall include only the remainder
of the estimated cost and expenses. Said assessment shall refer to
said subdivisions by their respective number as assigned pursuant to
subdivision (d) of this section.
19. Notice is hereby given that, in the opinion of the Council,
the public interest will not be served by allowing the property owners
to take the contract for the construction of the improvements and that,
pursuant to Section 10502.4 of said Streets and Highways Code, no notice
of award of contract shall be published.
20. If any excess shall be realized from the assessment, it shall
be used, in such amounts as the Council may determine, in accordance
with the provisions of law for one or more of the following purposes:
(a) Transfer to the general fund of the Town; provided
that the amount of any such transfer shall not
exceed the lesser of $1,000 or 5% of the total
amount expended from the improvement fund;
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(b) As a credit upon the assessment and any supplemental
assessment; provided that such surplus may, if the
Town Council so determines, also be applied as a
credit to the Town on account of contributions made
by it towards the cost and expenses of the
acquisitions and improvements in the proportion
which such contribution bears to the total amount of
the assessment or supplemental assessment prior to'
the deduction of all such contributions; or
(c) For the maintenance of the improvements.
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 15th day of November , 1982,
by the following vote:
AYES, and in favor thereof, Councilmen:
NOES, Councilmen:
ABSENT, Councilmen:
APPROVED:
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Mayor
Joanne Benjamin, Terrence J. Daily, Thomas J.
Ferrite. MarLvn J. Rasmussen and Mayor Brent
N. Ventura
I le,
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Town Clerk of the Town of L Gatos
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