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. RESOLUTION NO .. . 49
A RESOLUTION' OF INTENTION TO ACQUIRE. IMPROVEMENTS
SEWER ASSESSMENT DISTRICT NO . 4
RESOLVED, 'by 'the City Council of the Town of Los Altos
Hills, California, that in itsopinionthe public interest
and convenience require and, that it :.is:.the intention of said
Council ' to order the following acquisitions to wit:
1 . _ ,(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 pro=
posed assessment 'district,, •
(b) The acquisition of all rights, lands and ease- .
ments auxiliary to any Of the above necessary to complete
the same .
2 . The descriptions of the acquisitions contained in this .
Resolution are general,,. in nature . The maps and 'descriptions as
• contained in the Engineer's report, shall be controlling as to
the correct and detailed description thereof.
3.; Said contemplated acquisitions, in the opinion of said
Council, are of more than local or ordinary public benefit, and
the costs and' expenses thereof are made chargeable upon an assess-
ment district, the exterior boundaries of which district are the
composite and consolidated area. as more particularly shown on' a
Imp thereof: on' file in the office of the City Clerk to which refer-
ence is hereby -made for further particulars . Said map indicates
by a boundary line the extent -of the- territory included in the= .
proposed district and shall "govern. _for all details as to the
extent of the assessment district .
4. Said Council further declares that all public streets
and highways within said assessment district, 'in use in the per-:
formance of a public function as, such shall=-be omitted from' the
assessment hereafter to be made to .cover the- co'sts:,:and' expenses •
of said acquisitions .
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5. Notice is hereby given that serial bonds to represent the
unpaid assessments, and bear, interest at the rate of not to exceed
seven percent (7%) per annum, will be issued hereunder in the manner
provided in the Improvement Bond Act of 1915, Division 10 of the
Streets and Highways Code, the last installment of which bonds shall
mature not to exceed fourteen (14) years from the second day of July
next succeeding ten (10) months from their date .
6 . Except as herein otherwise provided for the issuance of
bonds, all of said improvements shall be done pursuant to the pro-
visions of the Municipal Improvement Act of 1913 .
7 . Reference is hereby made to proceedings had pursuant to
Division 4 of the Streets and Highways Code on file in the office
of the City Clerk,
8. Said proposed acquisitions are hereby referred to the
Engineer of Work, being a competent person employed by said Council
for that purpose; and said Engineer is hereby directed to make and
file with the City Clerk of said Town a report in writing, present-
ing the followings
(a ) Maps and descriptions of the acquisitions to be made .
(b) Engineer's statement of the itemized and total esti-
mated costs and expenses of said acquisitions and of the incidental
expenses in connection therewith;
(c) Diagram showing the assessment district above re-
ferred to, and also the boundaries and dimensions of the respective
subdivisions of land within said district as the same existed at the
time of thepassage of this Resolution of Intention, each of which
subdivisions shall be given a separate number upon said diagram;
(d) A proposed assessment of the total amount of the
costs and expenses of the proposed acquisitions upon the several
subdivisions of land in said district in proportion to the estimated
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benefits to be received by such subdivisions, respectively, from
said acquisitions, and of the expenses incidental thereto .
When any portion or percentage of the cost and expenses of
the acquisitions is to be paid from sources other than assess-
ments, the amount of such portion or percentage shall first be
deducted from the total estimated cost and expenses of said acqui-
sitions, and said assessment shall include only the remainder of
the estimated cost and expenses . Said assessment shall refer to
said subdivisions by their respective numbers as assigned pursuant
to subdivision (c) of this Section,
9 . If any excess shall be realized from the assessment it
shall be used, in such amounts as the Council may determine, in
accordance with the provisions of law for one or more of the follow-
ing puroses :
(a) Transfer to the general fund of the Town, provided
that the amount of any such transfer shall not exceed the lesser
of $1, 000 or 5% of the total amount expended from the improvement
fund;
(b) As a credit uponthe assessment and any supplemental
assessment; or
(c) For the maintenance of the improvements .
* * . * * * * * * * * * *
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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 October 6, 1969, by the following roll call vote :
AYES: Councilmen Benson, Davey, Fowle, Helgesson,.
Mayor Aiken
NOES: None
ABSENT: None
ATTEST:
•
City Clerk,
APPROVED:
Mayor