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HomeMy WebLinkAbout509 or • I RESOLUTION NO. 509 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS RESCINDING RESOLUTION NO. 478 OF SAID COUNCIL AND GRANTING, SUBJECT TO CONDITIONS, CONSENT OF SAID COUNCIL TO THE COUNTY OF. SANTA. CLARA TO.ACQUIRE AND CONSTRUCT PUBLIC INPROVEMENTS AND TO PROVIDE THAT THE COSTS THEREOF SHALL. BE ASSESSED UPON A SPECIAL DISTRICT PURSUANT TO. SPECIAL. ASSESS- MENT ACTS AND ASSESSMENT BOND ACTS . LOS ALTOS SANITARY SEWERS AND CAPACITY ACQUISITION DISTRICT WHEREAS, by its Resolution No. 478 passed and adopted by this Council on September 16, 1968, this Council granted certain extraterritorial jurisdiction to the County of Santa Clara, and WHEREAS, said Resolution has not been accepted by the Board of Supervisors of the County of Santa Clara, and WHEREAS, it is deemed in the public interest that any grant of extraterritorial jurisdiction be expressly made subject to the sewer policy of the Town of Los Altos Hills, NOW, THEREFORE, BE IT RESOLVED, that this Resolution shall not be deemed a protest or an objection to the forma- tion and completion by the County of Santa Clara of a District for the provision of sanitary sewers for the general area concerned, and the City Council of the Town of Los Altos Hills urges the Board of Supervisors of the County of Santa Clara to prosecute the generally proposed sewer system to completion at the earliest possible time, and BE IT FURTHER RESOLVED that said Resolution No. 478 passed and adopted September 16 , 1968, be and the same is hereby rescinded, and BE IT FURTHER RESOLVED that the grant of jurisdiction and consent hereinafter contained, be, and the same are hereby, expressly conditioned upon the agreement by the Board -1- LAGORIO & FAISANT ATTORNEYS AT LAW SOO THIRD STREET LOS ALTOS, CALIF. 940-9200 , • S of Supervisors of the County of Santa Clara that they will follow the sewer policy of the Town of Los Altos Hills, as said policy is stated in Resolution No. 458 of the Town of Los Altos Hills, adopted June 3, 1968 . (a true copy of which is annexed hereto marked EXHIBIT A, and by this reference incorporated herein) , as amended by Resolution No. 469 of the Town of Los Altos Hills , adopted August 1, 1968 (a true copy of which is annexed hereto, marked EXHIBIT B, and by this reference incorporated herein) , in all assessment proceedings conducted within the Town of Los Altos Hills pursuant to said grant of jurisdiction and consent, and further conditioned upon the implementation of such agree- ment by the making, by the Board of Supervisors , of the changes specified in the letter from Mayor Aiken to said Board of Supervisors dated February 7, 1969 (a true copy of which is annexed hereto, marked EXHIBIT C, and by this reference incorporated herein) , except insofar as some of such changes may be rendered unnecessary by withdrawal of protests by certain property owners, and BE IT FURTHER RESOLVED THAT WHEREAS:; it is the intention of the Board of Supervisors of the County of Santa Clara to undertake appropriate special assessment and assessment bond proceedings for the acquisition and construction of the fol- lowing improvements : a) The acquisition and construction of sanitary sewer facilities , including necessary sanitary sewer mains, force mains, manholes .with;manhole frames and covers, wye branches , rodholes, laterals, and pump stations, where required, together with appurtenances to any of the above and the connection thereof to exist- ing sanitary sewerage facilities to serve the lands within the district benefited thereby in the area set forth on the map thereof hereto attached and generally at the locations thereon shown, and the acquisition of all lands and easements and rights auxiliary to the above and necessary to connect said improvements to the existing sanitary sewerage facilities of the City of LAGORIO & FAISANT Los Altos . ATTORNEYS AT LAW 300 THIRD STREET -2- LOS ALTOS, CALIF. 945-0200 b) The acquisition of capacity and disposal rights anda right of service and use in sanitary sewerage collec- tion, transmission ollec-tion, `transmissiontreatment", outfall and disposal facili- ties acili-ties. of the City:.of Los_ Altos on behalf of the properties within the proposed assessment district c) The ',acquisition of all rights, lands andease- ments. 'and. the performance of all work auxiliary to any of the above which may be necessary to complete the same. WHEREAS, the costs and expenses of making said acquisitions and doing said work and the expenses- incidental thereto, are` to be made chargeable upon the district benefited thereby, the ex- terior boundaries of which have been declaredby said :Board to be_ the_ coterminous boundaries of the composite and the consoli- dated area-shown on the map of said assessment district on 'file in the office of the Clerk of said Board, to which" reference is hereby made for a more detailed description thereof, WHEREAS, parcels of property proposed to be assessed, and some of the work and improvements are within incorporated terri- tory in the Town of Los Altos Hills; WHEREAS, : this.. Council has investigated and has been fully informed as to the nature of said facilities , and of the property which will be benefited by the improvement thereof, and is fully advised in the premises; WHEREAS, there has been filed with this Council a proposed form of Resolution :;of Preliminary Determination and of. Intention to be used in said proceedings; and WHEREAS, the public interest, convenience and necessity will be served by the making of said acquisitions and -improve- ments; NOW, THEREFORE, ' IT IS HEREBY FOUND and DETERMINED that the facilities proposed to be constructed in said proceedings are of such a character that they will directly and peculiarly affect property not only within the boundaries . of the :County. of Santa Clara but" also incorporated territory in the Town of LAG�RIO & FAISANT -3- ATTORNEYD 2DD THIRD DTREET. - - ` - _ 94B-8200 • 41/ Los Altos Hills, and the purpose sought to be accomplished can best be accomplished by a single comprehensive scheme of work; and it is necessary and manifestly desirable that said acquisitions and improvements be accomplished under the juris- diction of the County in order to accomplish said single com- prehensive scheme. IT IS HEREBY RESOLVED, subject to the acceptance of the terms and conditions hereof by said County; 1. That consent be, and the same is hereby, granted to said County to the formation of the assessment district, to the making of such changes and modifications in said assessment district proceedings as may be proper or advisable in the manner provided by :law, and to the work described in said Resolution of Preliminary Determination and of Intention and the assumption of jurisdiction thereover for the purpose aforesaid, and to acquire and construct said improvements and to levy said assessments upon the property benefited thereby, including property within the incorporated territory of this City. 2 . The consent hereby granted to County by Town shall be limited to those areas within the incorporated limits of Town falling within the boundaries of the proposed assessment district shown on said map hereto attached. 3. All assessments to be levied by County in said pro- ceedings shall be based upon benefit. 4. That said Director of Public Works of said County shall require of the contractor that all of the provisions of the specifications approved by the City Engineer of this City and said Council be complied with. 5. That consent be, and the same is hereby, granted to said County to open all such public streets as are required LAGORIO & FAISANT -4- ATTORNEYS AT LAW SOO THIRD STREET LOS ALTOS, CALIF. 94B-®ZOO • .. for the installation ofsaid public improvements. All work pertaining to, said project shall be done under the direction of the Director of Public Works of said County and insofar as work in said project . lies within the incorpo- rated area ncorpo-rated- area in the Town of Los Altos Hills, to the satisfaction of the City Engineer of said Town, and in conformity with good engineering practice. Said Director of Public Works shall require of the contractor that all of the provisions of the specifications are complied with by the contractor to the end that no greater amount of ditches are open at any time than is necessary, that they shall be adequately lighted and barricaded, and that they shall be promptly backfilled, and that the pavement shall be restored with materials of like quality and character as those existing therein at the time of such work and to its former condition and state of useful- ness as nearly as may be. Said Director of Public Works shall also take all steps necessary to see that existing utilities are protected and replaced, if necessary, at no cost to Town. Said County will withhold final payment to the Contractor until it has received approval by said Town of the backfilling and paving installed within said Town. 6 . That the form of the Resolution of Preliminary Deter- mination and of Intention to be adopted by said Board of Supervisors of said County be, and the same is hereby, approved. 7 . The County agrees to indemnify and hold harmless the Town of Los Altos Hills, its officers and employees from and against any and all liability, loss , cost or expense of whatso- ever character which may accrue to or be sustained by the Town of Los Altos Hills, its officers and employees on account of any damages or injuries to property or persons (including LAOORIO & FAISANT -5- ATTORNEYS AT LAW DOD THIRD STREET LC9 ALTOS, CALIF. 949-8200 ® • death) arising out of or in any way connected with the con- struction of the aforesaid work, including but without limitation, any damages or injuries to property or persons (including death) occasioned by the use of improper materials or workmanship or by any act or omission of County or any person, firm or corporation employed in the construction of said work. County further agrees to defend:, and pay all costs, attorneys ' fees and judgments resulting from any suit or action at law brought against the Town of Los Altos Hills as a result of or in any way arising out of the construc- tion of said work. 8. That County shall accept the terms and conditions hereof, and that said acceptance shall be indicated by authorized representatives of County affixing their signa- tures hereto in the space provided. 9. That the City Engineer of the Town of Los Altos Hills be, and he is hereby, authorized and directed to carry out the provisions of this Resolution for and on behalf of said Town and that the City Clerk be, and he is hereby, di- rected to forward to County a Certified copy of this Resolu- tion for signature as hereinabove stated. LAGORIO & FAISANT ATTORNEY® AT LAW 30D THIRD STREET -6- LOS ALTOS, CALIF. 948-9200 . • I HEREBY CERTIFY that the foregoing is a full, true and correct copy of a Resolution duly passed and adopted by the City Council of the Town of Los Altos Hills, Cali- fornia, at a regular meeting thereof held on the 17th day of February, 1969, by the following roll call vote: AYES: Councilmen Benson, Fowle, Helgesson, Mayor Aiken NOES: Councilman Davey ABSENT: None ATTEST: Z City lerk APPROVED: , ` Mayor Accepted by the Board of Supervisors of the County of Santa Clara this day of , 1969. AYES: NOES: ABSENT: Chairman of t}ie Board oT Supervisors ATTEST: Clerk of the Board of Supervisors LAI3ORIO & FAISANT ATTORNEYS AT LAW -7- 3 Oa 7- 3OO THIRD STREET LOS ALTOS, CALIF. 949-8200