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HomeMy WebLinkAbout480 • • RESOLUTION NO. 480 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVE- MENTS SEWER ASSESSMENT DISTRICT NO. 5 RESOLVED, by the City Council of the Town of Los Altos Hills , that in its opinion the public interest and convenience require and that it is the intention of said Council to order the following acquisitions and improvements , to wit : 1. (a) The construction and installation of sanitary sewer mains, standard manholes with standard manhole frames and covers and rodholes, together with necessary wye branches, laterals and appurtenances , in those certain streets, ease- ments and ways and in those general areas more particularly described in Exhibit A attached hereto and by this reference incorporated herein. (b) The acquisition of disposal rights and rights of service and use in existing sanitary sewerage and sewer disposal facilities of the Cities of Los Altos and/or Palo Alto; (c) The acquisition of all facilities , lands, ease- ments, property and works and performing of all work auxiliary to any of the above which may be necessary to complete the same. 2. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersections of the public ways referred to are included to the extent that work shall be shown on the plans to be done therein. LAGORIII & FAISANT -1- ATTORNEYS AT LAW 300 THIRD STREET L05 ALTOS, CALIF. 948-9200 • I 3. Said streets and highways are more particularly shown in the records in the office of the County Recorder of Santa Clara County, California, and shall be shown upon the plans herein referred to and to be filed with the City Clerk of said Town. 4. All of said work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes, dimensions and materials , and at the lines, grades and elevations as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter pro- vided. 5. There is to be excepted from the work herein described any of such work already done to line and grade and marked excepted or shown not to be done on said plans, profiles and specifications. 6. Notice is hereby given of the fact that in many cases said work and improvements will bring the finished work to a grade different from that formerly existing, and that to said extent said grades are hereby changed and that said work will be done to said changed grades. 7. Said Council does hereby adopt and establish as the official grades for said work the grades and elevations to be shown upon said plans, profiles and specifications . All such grades and elevations are to be in feet and decimals thereof with reference to the datum plane of the Town of Los Altos Hills. 8. The descriptions of the acquisitions and improvements and the termini of the work contained in this Resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and LAGORIO & FAISANT profiles of the work and maps and descriptions as contained in ATTORNEYS AT LAW 300 THIRD STREET LOS ALTOS, CALIF. -2- 940-0200 II/ • the Engineer 's report, shall be controlling as to the correct and detailed description thereof. 9. Said contemplated acquisitions and improvements, in the opinion of said Council, are of more than local or ordinary pub- lic benefit, and the costs and expenses thereof are made charge- able upon an assessment district, the exterior boundaries of which district are the composit and consolidated area as more particularly shown on a map thereof on file in the office of the City Clerk to which reference 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. 10. 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 costs and expenses of said acquisitions and improvements. 11. Notice is hereby given that serial bonds to represent the unpaid assessments, and bear interest at the rate of not to exceed seven per cent (77) 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. 12. Except as herein otherwise provided for the issuance of bonds, all of said improvements shall be done pursuant to the provisions of the Municipal Improvement Act of 1913. 13. 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. LASORIO & FAISANT -3- ATTORNEYS AT LAW 300 THIRD STREET LOS ALTOS, CALIF. 94B-0200 • • 14. Said proposed acquisitions and improvements are hereby referred to the Engineer of Work, being a competent person em- ployed by said Town for that purpose; and said Engineer is hereby directed to make and file with the City Clerk of said Town a report in writing, presenting the following: (a) Maps and descriptions of the lands and easements to be acquired; (b) Plans and specifications of the proposed improvements to be made pursuant to this Resolution of Intention; (c) Engineer's statement of the itemized and total esti- mated costs and expenses of said acquisitions and improvements and of the incidental expenses in connection therewith; (d) Diagram showing the assessment district above referred to, and also the boundaries and dimensions of the respective sub- divisions of land within said district as the same existed at the time of the passage of this Resolution of Intention; each of which subdivisions shall be given a separate number upon said diagram; (e) A proposed assessment of the total amount of the costs and expenses of the proposed acquisitions and improvements upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by such subdivisions , respectively, from said acquisitions and improvements, and of the expenses incidental thereto. 15. 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 following purposes: (a) . Transfer to the general fund of the Town, provided that the amount of any such transfer shall not exceed the lesser of $1,000.00 or 5% of the total amount expended from the improve- LAGORIO & FAISANT ment fund; ATTORNEYS AT LAW 300 THIRD STREET LOS ALTOS, CALIF. -4- 948-B200 • • (b) As a credit upon the assessment and any supplemental assessment; or (c) For the maintenance of the improvements. 16. The City Council of the Town of Los Altos Hills hereby finds and determines, pursuant to Section 10502.4 and Section 10510 of the Streets and Highways Code that the public interest will not be served by allowing the property owners to take the contract for construction of the improvements hereinabove referred to. * * * * k LAGORIO & FAISANT ATTORNEYS AT LAW 3DO THIRD STREET LOS ALTOS, CALIF. -5- 949-0200 It 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, California, at regular a/meeting thereof held on the 7th day of October 1968 , by the. following roll call vote': AYES: Councilmen Davey, Helgesson,::Deputy Mayor Benson NOES: None ABSENT: Councilman Fowle, Mayor Aiken ATTEST: . � City Clerk APPR F' : .11 uepu n Or • LAOORID & FAIBANT ATTONNCY■ AT {,AW BCD MONO ■TNLCT LOB ALTOS, CALIF. 940-B.9OO