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HomeMy WebLinkAbout558 A WJML:PDA:S:amf 10-1.4-69 10C RESOLUTION NO . 558 A RESOLUTION OF DETERMINATION, UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE, TO PROCEED WITH PROCEEDINGS FOR ACQUISITIONS SEWER ASSESSMENT DISTRICT NO . 4 RESOLVED, by the City Council of the Town of Los Altos Hills, California, that WHEREAS, in accordance with the order of this Council a report has been filed with this Council pursuant to Division 4 of the Streets and Highways Code for the following acquisitions in and for said Town: (a) The acquisition of capacity and disposal rights and right of service and use in sanitary sewerage collection, transmission, treatment, outfall and disposal facilities of the City of Los. Altos on' behalf of the properties in the proposed assessment district . (b) The acquisition of all rights, lands and easements auxiliary to any of the above necessary to complete the same , WHEREAS, Monday, the 17th day of November, 1969, at the hour of 8:00 o ' clock P .M., in the Council Chambers, City Hall, 26379 Fremont Road, Los Altos Hills, California, were fixed by this Council as the time and place for hearing upon said report; and notice of said hearing has been duly given to all persons interested in the manner and for the time provided by law, as appears from affidavits thereof on file with the Clerk; WHEREAS, this Council determined that said report should be heard before this Council, it being the legislative body of said Townand at said hearing on the report, the report, except as to the map, plat or diagram, and the assessed valuations, true valua- tions and estimated assessments upon each parcel of land, was read before protests were considered; and • • WHEREAS, all persons interested desiring to be heard were fully heard, and all oral protests or objections made at the hearing to the ordering of. the things proposed to be done, and all written protests to the ordering of said things or relating to the regularity or sufficiency of the proceedings setting forth the irregularity or defect to which objections were made, and which were filed with the Clerk of this Town at or before the time fixed for the hearing, were fully heard and considered by. the Council; NOW, THEREFORE, IT IS ORDERED, as follows: 1 . That said acquisitions constitute a single comprehensive scheme for the acquisitions to be made as described in the Resolu- tion of Preliminary Determination for these proceedings heretofore adopted by this Council on October 6, 1969 . 2 . That the owners of more than one-half of the area of the property to be assessed for the acquisitions have not filed with the Clerk of this Town at or before the time fixed for said hearing, or at all, written protests or objections to the ordering of the things proposed to be done, contained in said report . 3. That the owners of more than one-half of said area to be assessed have not, either orally or in writing, protested or objected to the ordering of said things proposed to be done, and that each and all of said protests are hereby overruled. 4 . That said report and proceedings heretofore had thereon or therefor are valid and fully conform with the provisions of Division 4 of the Streets and Highways Code, and all protests in writing relating to the regularity or sufficiency of the proceed- ings, filed with said Clerk of this Town at or before the time fixed for said hearing, are hereby overruled. 2 4 • • 5. That the public interest, convenience and necessity require the acquisitions set forth in said report, that said proposed project is feasible and that the lands to be assessed therefor will be able to carry the burden of such proposed assessments, and the limitations on the amounts of the assessments provided for in said Division 4 may be disregarded, both with respect to the limitations on the district as a whole, and as to the limitations on individual, specified assessments . 6 . The lands proposed to be specially assessed to pay the costs and expenses of said acquisitions are all as shown on the diagram of the proposed assessment district, which is a part of the report of the Engineer of Work of said Town. 7 . Proceedings for the acquisitions will be had pursuant to the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 and the Municipal Improvement Act of 1913, and the bonds upon the unpaid assessments will be issued pursuant to the Improvement Bond Act of 1915. * * * * * * * * * * * 3 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: , /S/ DENNIS R. LAHR APPROTE , " /S/ WM. ROSS AIKEN Mayor