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HomeMy WebLinkAbout638 • • WJM&L: PDA : s 7/22/71 10c RESOLUTION NO . 6V A RESOLUTION AND ORDER ADOPTING ENGINEER ' S REPORT CONFIRMING THE ASSESSMENT AND ORDERING THE ACQUISITIONS AND/OR IMPROVEMENTS SANITARY SEWER ASSESSMENT DISTRICT NO . 9 RESOLVED, by the Council of the Town of Los Altos Hills, California, that WHEREAS, on the 21st day of June, 1971, said Council adopted its Resolution of Intention No . 632 to acquire and/or construct public improvements in said Town, and referred the proposed acquisitions and/or improvements to the Town Engineer, he being the officer having charge and control of the acquisitions and/or improvements in and for said Town of the kind described in said Resolution of Intention and being a competent person appointed by said Council for that purpose; WHEREAS, said Council thereby directed said Town Engineer to make and file with the Clerk of said Town a report in writing in accordance with and pursuant to the Municipal Improvement Act of 1913 ; WHEREAS, said report was duly made and filed with the Clerk of said Town, whereupon said Clerk presented it to the Council for consideration; WHEREAS, said Council thereupon duly considered said report and each and every part thereof and found that it contained all the matters and things; called for by the provisions of said Act, including (1) maps and descriptions of the acquisitions to be made , (2) estimate of costs , (3) diagram of district, and (14 ) an assessment according to benefits , all of which was done in the form and manner required by said Act ; WHEREAS, said Council found that said report and each and every part thereof was sufficient in every particular and determined that it should stand as the report for all subsequent proceedings under said 411 • Act , whereupon said Council , pursuant to the requirements of said Act , appointed Monday, the 2nd day of August , 1971 , at the hour of 8 : 00 o 'clock P . M. of said day in the Council Chambers , Town Hall, 26379 Fremont Road, Los Altos Hills , California, as the time and place for hearing protests in relation to said proposed acquisitions and/or improvements , and directing the Clerk of said Town to give notice of said hearing as required by said Act; WHEREAS, it appears that notices of said hearing were duly and regularly posted, mailed and published in the time, form and manner required by said Act , as evidenced by the affidavits on file with said Clerk, whereupon said hearing was duly and regularly held at the time and place stated in said notice; and WHEREAS, 17 persons interested, objecting to said acquisi- tions and/or improvements, or to the extent of the assessment district, or to the proposed assessment or diagram, or to the maps and descrip- tions , or to the Engineer' s estimate of the costs and expenses thereof, filed written protests with the Clerk of said Town at or before the time set for hearing, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said acquisitions and/or improvements were fully heard and considered by said Council, and said Council has acquired jurisdiction to order said acquisitions and/or improvements and the confirmation of said diagram and assessment to pay the costs and expenses thereof. NOW, THEREFORE, said Council does hereby FIND, DETERMINE and ORDER, as follows : 1 . That the owners of one-half of the area to be assessed for the cost of the project did not , at or prior to the time fixed for said hearing, file written protests against the said proposed acquisi- tions and/or improvements as a whole, or against the said district or the extent thereof to be assessed for the costs and expenses of said 2 • • acquisitions and/or improvements as a whole, or as to the Engineer ' s estimate of said costs and expenses , or against the maps and descrip- tions , or against the diagram or assessment to pay for the costs and expenses thereof. 2 . That the district benefited by said acquisitions and/or improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof are more particularly described in said Resolution of Intention and made a part hereof by reference thereto . That all public streets and highways within said assessment district in use in the performance of a public function as such shall be omitted from said district and from the levy and collection of the special taxes to be hereafter levied and collected to cover the costs and ex- penses of said acquisitions and/or improvements . 3 . That the Engineer' s estimate of the itemized and total costs and expenses of said acquisitions and/or improvements , and of the incidental expenses in connection therewith, contained in said report, be, and it is hereby, finally adopted and approved as the Engineer' s total and detailed estimate of the costs and expenses of said acquisitions and/or improvements . 4 . That the maps and descriptions of the acquisitions to be made , as contained in said report, be, and the same are hereby, finally approved and confirmed. 5 . That the public interest and convenience require , and said Council does hereby order the acquisitions and/or improvements to be made as described in and in accordance with said Resolution of Inten- tion on file in the office of the Clerk of said Town, reference to which is hereby made for a more particular description of said acquisitions and/or improvements , and also for further particulars pursuant to the provisions of said Municipal Improvement Act of 1913 . • 3 { 411 410 6 . That the diagram showing the assessment district referred to and described in said Resolution of Intention, 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 said Resolu- tion of Intention, each of which subdivisions having been given a separate number upon said diagram, as contained in said report, be, and it is hereby, finally approved and confirmed as the diagram of the properties to be assessed to pay the costs and expenses of said acquisi- tions and/or improvements . 7 . That the assessment of the total amount of the costs and expenses of the proposed acquisitions and/or improvements upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by said subdivisions , respectively, from said acquisitions and/or improvements , and of the expenses inci- dental thereto, contained in said report , be, and the same is hereby, finally approved and confirmed as the assessment to pay the costs and expenses of said acquisitions and improvements . 8 . That said Engineer ' s report be , and the same is hereby, finally adopted and approved as a whole . 9 . That the Clerk of said Town shall forthwith deliver to the Superintendent of Streets the said assessment together with said dia- gram thereto attached and made a part thereof, as confirmed by this Council, with his certificate of such confirmation thereto attached and of the date thereof; and that said Superintendent of Streets shall record said diagram and assessment in his office in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording, and such recordation shall be and constitute the assessment roll herein. 4 ` • • 10 . That said Superintendent of Streets, upon the recording of said diagram and assessment, shall mail to each owner of real property within the assessment district at his last known address as the same appears on the tax rolls of the Town or on file in the office of the Clerk of said Town, or to both addresses if said address is not the same , or to the general delivery when no address so appears, a state- ment containing a designation by street number or other description of the property assessed sufficient to enable the owner to identify the same, the amount of the assessment, the time and place of payment thereof, the effect of failure to pay within such time, and a statement of the fact that bonds will be issued on the unpaid assessments pur- suant to the Improvement Bond Act of 1915 . 11 . That said Superintendent of Streets shall also give notice by publishing a copy of a Notice to Pay Assessments in ten successive issues of the Palo Alto Times, a newspaper published in Santa Clara County, there being no newspaper published in said Town, that said assessment has been recorded in his office, and that all sums assessed thereon are due and payable immediately, and that the payment of said sums is to be made thirty (30 ) days after the date of recording said assessment , which date shall be stated in said notice, and of the fact that bonds will be issued upon unpaid assessments as above provided. 5 • • 1 hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted at a meeting of the City Council of the Town of Los Altos Hills held on August 2 9 1971 , by the following roll call vote: AYES: Councilmen Corbett, Grabowski, Helgesson, Mayor Benson NOES: Councilman Davey ABSENT: ATTEST: City CLer APPROVE u: �� vv ayor"