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RESOLUTION NO . 561
A. RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT,
CONFIRMING THE ASSESSMENT AND ORDERING THE
ACQUISITIONS
SEWER ASSESSMENT DISTRICT NO . 4
RESOLVED, by the City Council of the Town of Los Altos
Hills, California, that
WHEREAS, on the 6th day of October, 1969 said Council adopted
its Resolution of Intention No . 549 to acquire public improvements
in said Town, and referred the proposed acquisitions to the Engineer
of Work of said Town, he being the officer having charge and control
of the acquisitions 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 Engineer of Work
to make and file with the Clerk of said Town a report in writing
in accordance with and pursuantto 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
acquired; (2) estimate of costs, (3) diagram of district, and (4)
an assessment according to benefits, all of which was done in the
form and manner required by said Act;
• r •
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 Act, whereupon said Council, pursuant to the requirements
of said Act, appointed Monday, the 17th day of November, 1969, at
the hour of 8:00 otclock P.M., of said day in the Council Chambers,
City Hall, 26379 Fremont Road, Los Altos Hills, California, as the
time and place for hearing protests in relation to said proposed
acquisitions 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, persons interested, objecting to said acqui-
sitions, or to the extent of the assessment district, or to the
proposed assessment or diagram, or to the maps and descriptions,
or to the Engineerts 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 were fully heard and
considered by said Council ,
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and said Council has acquired jurisdiction to order said acqui-
sition 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 :
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•
• •
1. That the owners of one-half of the areato 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
acquisitions as a whole, or against the said district or the extent.
thereof to be assessed for the costs and expenses of said acqui-
sitions as a. whole, or as to the Engineer' s estimate of said costs
and expenses, or against the maps and descriptions, or against the
diagram or assessment to pay for the costs and expenses thereof.
2. That the district benefited by said acquisitions 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 a.nd
expenses of said acquisitions .
3 . That the Engineer ' s estimate, as modified, of the itemized
and total costs and expenses of said acquisitions and of the incidental
expenses in connection therewith, contained in said report, be,
and it is hereby, finally adopted and approved a.s the Engineer' s
total and detailed estimate of the costs a.nd expenses of said
acquisitions .
4+ . That the maps and descriptions of the lands and easements
to be acquired, a.s 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 to be made as
described in and in accordance with said Resolution of Intention
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on file in the office of the Clerk of said Town, refernece to which
is hereby made for a. more particular description of said acquisitons,
and also for further particulars pursuant to the provisions of said
Municipal Improvement Act of 1913.
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 Resolution 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 a.s the
diagram of the properties to be assessed to pay the costs and expenses
of said acquisitions .
7. That the assessment, a.s modified, of the total amount of the
costs and expenses of the proposed acquisitions upon the several sub-
divisions of land in said district in proportion to the estimated
benefits to be received by said subdivisions, respectively, from said
acquisitions and of the expenses incidental thereto, contained in said
report, be, and the same is hereby, finally approved and confirmed
a.s the assessment to pay the costs and expenses of said acquisitions .
8. That said Engineer ' s, as modified, report be, and the same
is hereby, finally adopted and approved as a whole.
9. That the Clerk shall forthwith deliver to the Superintendent
of Streets the said assessment, together with said diagram 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
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of such recording, and such recordation shall be and constitute the
assessment roll herein.
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 City Clerk of said Town, or to both addresses if said
address is not the same, or to thegeneral delivery when no address
so appears, a statement 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 pursuant to the Improvement Bond
Act of 19150
11 , That said Superintendent of Streets shall also give
notice by publishing a copy of a Notice to Pay Assessments by
three successive insertions in the Los Altos News, 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 (3ö) 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,
* * * * * * * * * * *
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I 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 November 17, 1969, by the following roll call vote:
AYES: Councilmen Benson, Fowle, Helgesson, Mayor Aiken
NOES: None
ABSENT: Davey
ATTEST: ��
DENNIS R. LAHR
APPROVE
/S/ WM. ROSS AIKEN
Mayor