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[[ DISTRICT MO. 2, DIVISION 4 HEARING cont'd.: <br />4/ City 'Engine:_r stated that no individual assessment in the district exceed; the <br />corresponding true valuation and that the total assessment does not exceed <br />tae total true valuation of the land. within the district. <br />At 6:50 P. M., Mayor Henley ingcired if there were any additional written <br />protests to be filed or withdrawn. No protests were filed or withdrawn. )r',( <br />Council discussion ensued with Floor participation by: Mrs. James Bell, <br />272f1 Sherlock Road, Louis P. Corbetta, 12500 Corbetta Lane, Thomas Gamboa, <br />25511 Altamont Road, Thomas Marshall, 25560 Altamont Road. <br />City Attorney introduced and read in its entirety Resolution No. 442, a resolu- <br />tion Overruling Protests and Making Findings Pursuant to Division 4 of the <br />Streets and Highways Code -- Sewer Assessment District No. 2. <br />MOTION, SECONDED AND CARRIED: Councilman Fowle moved, Seconded by Davey, that <br />Resolution No. 442 be adopted as read, was carried by a majority roll call vote: <br />Ayes: Councilmen Davey, Fowle, Mayor Henley. Noes: Councilmen Aiken, Benson, <br />Absent: None. <br />At 7:12 P. N., mayor Henley closed the Division 4 Hearing. <br />SCHaDOLL'D ITEM NO. 1 (b). <br />PR0T45T WAARING - SWER ASSESSiINT DISTRICT NO. 2: <br />At 7:15 P, iN., Mayor Henley opened the Protest Hearing on Sewer Assessment 187 <br />District No. 2, City Manager noted that the written protests received were <br />identical to those presented previously at the Division 4 Hearing, <br />City Engineer statedthat the amount of Division 4 Protest should have been <br />20,06%, instead of 19"% protest. He further stated that the written protests <br />for the iQ2gular Protest Hearing constituted 19.3% of the land within the <br />assessment district, <br />ACTION, SECONDED AND CARRIED: Councilman Fowle moved, Seconded by Davey. that <br />R_solution No. 442 be readopted zfter having heard a revised figure from <br />Engineer setting the written protest at 20.06%, was carried by a majorit, <br />moll Call Vote: Ayes: Councilmen Pow Le, Davey, Mayor Henley. floes: <br />Councilmen Aiken, Benson. Absent: Nona. <br />City Attorney discussed the Eshner Agreement as it relates to District No. 2. eaV <br />noting tiat the deed restriction creates a covenant running with the land <br />which restricts the Eshner's 3!05 acres to 16 building sites. <br />City Attorney testified to qualifications of the Engineer, noting that the firm <br />of Charles S. McCandless & Co. is experienced in public works, is well-knoun <br />nationally and internationally in important public works and that thi., pr -j._-. <br />has been handled principally by Gene D2Armond and Marvin Nachtsheim; oe.^h of <br />woom is a registered Civil Engineer in numerous States and has had consi9c_.aZi c <br />axperiencc in Civil Engineering and the matters of assessment proceedings. <br />401 City Engineer presented evidence regarding the benefit and spread of the WC <br />assessment, noting that the existing single building lots which can not be <br />sub^:ivided but which are within it:e service area of the trunks being installed <br />will be assessed one full sharp_ of the total assessment. Parcels containing <br />more 14in one building site shall be assessed for the number of potential <br />-2- <br />