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RESOLUTION NO. 131-87
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
OF INTENTION TO ORDER IMPROVEMENT IN
SEWER ASSESSMENT DISTRICT NO. 11
The City Council of the Town of Los Altos Hills resolves:
This Council intends to order the following improvement under
the authority of the Municipal Improvement Act of 1913 :
(a) The construction of sanitary sewer mains, manholes
with manhole frames and covers, cleanouts and
laterals, where required, together with all
appurtenances thereto in La Rena Lane, Vista Serena
and Dianne Drive.
(b) The acquisition of sanitary sewer mains, manholes with
manhole frames and covers, cleanouts and laterals in
O'Keefe Lane from a point 360 feet, more or less, east
of Dianne Drive to the Currie Subdivision.
(c) 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.
This Council finds that the land specially benefited by the
improvement is shown within the boundaries of the map entitled,
"Proposed Boundaries of Sewer Assessment District No. 11, Town of
Los Altos Hills, Santa Clara County, California" , a copy of which
is on file with the Clerk. The land within the exterior boundaries
shown on the map shall be designated Sewer Assessment District No.
11, Town of Los Altos Hills, Santa Clara County, California.
This Council intends to levy a special assessment upon the
land within the described district in accordance with the special
benefit to be received by each parcel of land, respectively, from
the improvement. There shall be omitted from special assessment all
public streets, alleys and places and all land belonging to the
United States, the State of California, the County of Santa Clara
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and this Town now in use in the performance of a public function.
Where any disparity occurs in level or size between the
improvement and private property, this Council determines that it is
in the public interest and more economical to eliminate the
disparity by doing work on the private property instead of adjusting
the work on public property. Accordingly, work may be done on
private property for this purpose with the written consent of the
landowner.
Serial bonds representing unpaid assessments, and bearing
interest at a rate not to exceed twelve percent (12%) per annum,
will be issued in the manner provided by the Improvement Bond Act of
1915 (Division 10, Streets and Highways Code) , and the last
installment of the bonds shall mature not to exceed fourteen (14)
years from the second day of September next succeeding twelve (12)
months from their date.
The procedure for the collection of assessments and advance
retirement of bonds under the Improvement Bond Act of 1915 shall be
as provided in Part 11. 1, Division 10, of the Streets and Highways
Code of the State of California.
The Town will not obligate itself to advance available funds
from the Town treasury to cure any deficiency which may occurin the
bond redemption fund. A determination not to obligate itself shall
not prevent the Town from, in its sole discretion, so advancing
funds.
This Council finds that the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931 (commencing with Section
2800, Streets and Highways Code) does not apply to these
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proceedings.
This Council directs the preparation of the report required
by Section 10204 of the Streets and Highways Code.
In the opinion of this Council, the public interest will not
be served by allowing owners of assessable lands to enter into a
contract for the work of improvement as otherwise permitted in
Section 20485 of the Public Contract Code.
The amount of any
surplus remaining in the improvement fund
after completion of the improvement and payment of all claims shall
be transferred to the general fund if the surplus does not exceed
the lesser of one thousand dollars ($1000) or five percent (5%) of
the total amount expended from the fund. Otherwise the entire
surplus shall be applied as a credit on the assessment as provided
in Section 10427.1 of the Streets and Highways Code.
Regularly passed and adopted this 16th day of December, 1987.
Mayor
NITI ST:
City-Clerk