1987-190-Ordering Refunds Of Cash PaymentsRESOLUTION NO. 1987 -190
RESOLUTIONd ORDERING REFUNDS OF CASH PAYHENTS
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, State of California, that
WHEREAS, this Council has undertaken special assessment proceedings under
REsolution of Intention No. 1987 -13, adopted on February 17, 1987, in which
proceedings special assessments were confirmed by action of this Council
evidenced by Resolution No. 1987 -60, adopted May 18, 1987;
WHEREAS, pursuant to said Resolution No, 1987 -60, notices of the levy of
said assessments and of the opportunity to pay all or a portion of said
assessments in cash were duly mailed to the owners of lands assessed in said
assessment district;
WHEREAS, during the period prescribed for the cash payments as aforesaid,
litigation was filed in a court of competent jurisdiction challenging the said
assessment district proceedings, the pendency of which litigation precludes the
determination of unpaid assessments and the issuance of assessment bonds; and
WHEREAS, pending the resolution of said litigation, the public interest and
convenience require the refunding of those cash payments received by the Town
in said proceedings.
14011, THEREFORE, IT IS ORDERED as follows:
1. The Town Clerk, being the person charged by said Resolution No.
1987 -60 with the collection of cash payments in said proceedings, is
hereby authorized and directed to refund the same to those persons who
submitted such payments.
2. Said refunds shall be nailed to the persons who submitted such
payments at the respective address of such persons by certified nail,
return receipt requested. Any of such refunds which may be returned
as undeliverable or otherwise shalt be retained by the Town in a
special account to be held as a credit against the respective
assessments pending the resolution of the litigation.
3. Said refunds shall be made with interest from the date of receipt to
the date of payment, as computed by the Finance Administrator of the
Town, which such interest shall not exceed the amounts actually earned
upon the monies represented by said refunds while retained by the Town
for purposes of the proceedings,
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 16 day of November 1487
by the following vote:
AYES: COUNCIL MEMBERS Joanne Benjamin, Thomas J. Ferrito, Robert
L. Hamilton, and Vice -Mayor Eric D. Carlson
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Mayor Brent N. Ventura
SIGNED:z,
VICE- MAYOR OF THE TORN OF LOS GATOS
ATTEST:
CLEiT 0 THE TOQN OF LOS GATOS
or
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