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HomeMy WebLinkAbout491 • • RESOLUTION NO. 491 A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT CON- FIRMING THE. .ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS SEWER ASSESSMENT DISTRICT NO. 5 RESOLVED by the City Council of the Town of Los Altos Hills, California, that WHEREAS, on the 7th day of October, 1968, said Council adopted its Resolution of Intention No. 480 to acquire and construct public improvements in said Town, and referred the proposed acquisitions and improvements to the Engineer of Work of said Town, he being the officer having charge and control of the construction of 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 Engineer of Work to make and file with the City 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 City 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 lands and easements to be acquired; (2) estimate of costs ; (3) plans and specifications oftthe proposed improvements; (4) diagram of district, and (5) 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 deter- mined that it should stand as the report for all subsequent LAGORI❑ & FAISANT ATTORNEYS AT LAW -1- DDD THIRD BTREET LOS ALTOS, CALIF. 94B-8200 • • proceedings under said Act, whereupon said Council, pursuant to the requirements of said Act, appointed thel6th day of November, 1968, 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 improve- ments, and directing the City 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, . several persons interested, objecting to said acquisitions and improvements, or to the extent of the assessment district, or to the proposed assessment or diagram, or to the maps and descriptions, or to the grades at which said work will be done, 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 per- sons interested desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said acquisitions and improvements were fully heard and considered by said Council, and whereas said protests were overruled and said Council has acquired jurisdiction to order said acquisi- tions and 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 tAGORICI & FAISANT -2- ATTORNEYS AT LAW SOD THIRD STREET LOS ALTOS, CALIF. 94B-8200 for the cost of theproject did not, at or prior to the time fixed for said hearing`.file written protests againt the said proposed acquisitions and improvements as a whole, or against the said district or the extent thereof to be assessed for the costs and.`.expenses of said acquisitions and, improvements as a wholeor as to the Engineer's estimate' of, said costs and . � . g expenses, or against the maps and descriptions, or against the diagram or assessment to pay for thecosts and expenses thereof:_ :. 2. That the district benefited by said acquisitions and 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 byreference thereto. 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 said district and from the levy and collection of the special taxes to be hereafter levied and collected to cover the costs and expenses of said acquisitions and improvements: 3. That the plans and specifications for the proposed improvements, contained in said report, be, and they are hereby, finally adopted and approved as the plans and specifications to which said work shall be done as called for in said,Resolution of. Intention. 4.- That the Engineer 'sestimate of the itemized and total costs and expenses of said acquisitions and improvements, . and of the incidental expenses in connection therewith, con- tained 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 improvements. 5. That the maps and descriptions of the lands and easements LAGORIO & FAISANT ATTORNEYS AT LAW LOS ALTOS, CALIF. 940-0200 • 111 to be acquired, as contained in said report, be, and the same are hereby, finally approved and confirmed. 6. That the public interest and convenience require, and said Council does hereby order the acquisitions and improve- ments to be made as described in and in accordance with said Resolution of Intention on file in the office of the City Clerk of said Town, reference to which is hereby made for a more particular description of said acquisitions and improve- ments, and also for further particulars pursuant to the provi- sions of said Municipal Improvement Act of 1913. 7. 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 subdivi- sions of land within said districtas 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 as the diagram of the properties to be assessed to pay the costs and expenses of said acquisitions and improvements . 8. That the assessment of the total amount of the costs and expenses of the proposed acuqisitions and 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 improvements, and of the expenses incidental thereot, 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. 9. That said Engineer 's report, be, and the same is hereby finally adopted and approved as a whole. LAGORI❑ & FAISANT -4- ATTORNEYS AT LAW 300 THIRD STREET LOS ALTOS, CALIF. 949-8200 • • • 10. That the Clerk shall forthwith deliverto the Superintendent of Streets the said assessment, together with said diagram thereto attached and made a thereof, as con- firmed by this Council, with his certificate of such confirma- tion thereto attached and of the date thereof; and that said Superintendent of Streets shall record said diagram and assess- ment in his office in a suitable book to be kept for that purpose, and append thereto his certificate of. thedate of such recording, and such recordation shall be and constitute the assessment roll herein. 11. That said Superintendent of Streets, upon the record- ing of said diagram and assessment, shall mail to:Jeach owner of real, propertywithin 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 the general delivery when no address soappears, a statement con- taining a designation by street number or other description of the.property assessed sufficient toenable the owner to iden- tify the same, the amount of the assessment, the time and place of payment themof, 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 Bod Act of 1915, 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. 12. That said Superintendent of Streets shall also give notice by publishing -a copy of a Notice to Pay Assessments by Crier three successive insertions in the Los Altos Towad a.newspaper published in Santa. Clara County, there being no newspaper pub- lished in said Town, that said assessmenthas been recorded in LASORIO & FAISANT - -S- ATTORNEYS AT LAW „ - 3O0 THIRD STREET - LOS ALTOS, CALIF. - - 949-13200 • • 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. 13. The City Clerk is hereby orderd to file a copy of the Assessment Diagram in the office of the County Recorder of the County of Santa Clara, in accordance with the provisions of Division 4.5 of the Streets and Highways Code. * * LASORIO & FAISANT ATTORNEYS AT LAW 300 THIRD STREET LOS ALTOS, CALIF. 948-8200 I HEREBY CERTIFY that the foregoing is a full, true and correct copy of a resolution duly passecF and adopted by the City Council of the. Town of Los Altos Hills, California, at a meeting thereof held on ehe 18th day of November , 19..§L, by the, following roll call vote: AYES: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken NOES : None ABSENT: None ATTF . T: , ty Clerk APPROVED'. " -Mayor LA*OR10 a rAI ANT ATTswrsw AT u. U.Tell AD RIMY LSO ALTOS. OALI/. w4S-SSOO