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Home My WebLink About478 • 1 111 , WJML:PDA:g8/19/68 15c ti RESOLUTION NO. 478 �° `�� A RESOLUTION GRANTING CONSENT OF THE CITY COUNCIL OF THE 1 TOWN OF LOS ALTOS HILLS TO THE COUNTY OF SANTA CLARA TO ACQUIRE AND CONSTRUCT PUBLIC IMPROVEMENTS AND TO 4 PROVIDE THAT THE COSTS THEREOF SHALL BE ASSESSED UPON # A SPECIALDISTRICT PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS i `a LOS ALTOS SANITARY SEWERS AND CAPACITY ACQUISITION DISTRICT RESOLVED, by the City Council of the Town of Los Altos Hills, .11 California, that WHEREAS, it is the intention of the Board of Supervisors of the County of Santa Clara to undertake appropriate special assess- ment and assessment bond proceedings for theacquisitionand con struction of the following public improvements: a) The acquisition and construction of sanitary sewer facilities, including necessary sanitary sewer i mains, force mains, manholes with manhole frames and t` covers, wye branches, rodholes, laterals, and pump stations, where required, together with appurtenances to any of the above and the connection thereof to exist- 4 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 , t'.1? all lands and easements and rights auxiliary to the ; above and necessary to connect said improvements to the e w; existing sanitary sewerage facilities of the City of ff ' Los Altos . , ;( ! b) The acquisition of capacity and disposal rights 0 and a . right of service and use in sanitary sewerage collec- ;� ji tion, transmission,. treatment, outfall and disposal facili- ties of the City of Los Altos on behalf of the properties within the proposed assessment district. c' The acquisition of all rights, lands and ease Jo ments and the performance .of all work auxiliary to any of the above which may be necessary to complete the same. ff bli. WHEREAS, the costs and expenses of making said acquisitions. and doingsaid work and the expenses incidental thereto, are to , I be made chargeable upon the districtbenefited thereby, the ex- A, !1 tenor boundaries of which have been declared by said Board to 1 I be the coterminous boundaries of the composite and consolidated • r Ilk . _ , III . . • • . . . . • • 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; • h . WHEREAS, this Board has investigated and has been fully in- formed as to the nature of said facilities and. of the property which will benefited by the improvement thereof, and is fully I • advised in the premises; i WHEREAS, there has been filed with this Board 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 F be served by the .making of said acquisitions and improvements; NOW, THEREFORE, IT IS HEREBY FOUND and DETERMINED that the facilities proposed to be constructed in said proceedings are d of such a character that they will directly and peculiarly affect ''i" ii property not only within the boundaries of the County of Santa Clara but also incorporated territory in the Town of Los Altos }' Hills, and the purpose sought to be accomplished can best be accomplished by a single comprehensive scheme -of -work; and it is 1 . necessary and manifastly desirable that said acquisitions and . improvements be accomplished under the jurisdiction of the County • in order to accomplish said single comprehensive scheme . IT IS HEREBY RESOLVED, subject to the acceptance of the 'o 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 2. r . Rx n fn . . A s 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 purposes aforesaid, and to acquire and construct said improvements and to levy said assessments upon the property benefited thereby, including property within the incorporated territory in 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. 1 assessments 3. All ass to be levied by County in said proceed- ings shall be based upon benefit . 4 . That said Director of Public Works of said. County shall a:rf require of the contractor that all of the provisions of the speci- fications approved by the City Engineer of this City and said . a ` Council be complied with. 5. That consent be, and the same is hereby, granted to said Aa County to open all such public streets as are required for the in stallation of said 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 incorporated area in the Town of Los Altos Hills, to the satisfaction of the City Engineer of said Town, and in conformity -. . with goodengineering practice . Said Director of Public Works ' shall require of the contractor that all of the provisions of the „. 'w= specifications are' complied with by the contractor to the end that no' greater amount of ditches. ar�e 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 • 3 . ..,s- -`- <'-.v,:- - -�.a.a ,_ - .,1.......,.�.:hx._a.x - c -•_`e.<,.xo_.:" .. «,.:[st�:,...tet... - _. -.'..LtiiaLw...... - 5.._..=d4_ .] restored with materials of like quality and character as those . existing therein. at the time .of such work and to its former con- dition and- state of usefulness 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 back- :filling 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 Super- visors of said County be, and the same is hereby, approved. . . 7, The County •agrees to indemnify and hold -harmless the V Town of Los Altos Hills, its: officers and employees from and 41 against any and all liability, loss, cost or expense of whatsoever. t 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 death) arising out :• of or • in any way connected with the construction of the aforesaid .'- work, including but without limitation, any damages or injuries to property or persons ( including death). occasioned by the use of im- 3. proper materials or workmanship or by any act or. omission of County .y or any person, firm or corporation employed in the construction ii of said work. • Coy unt further agrees to defend, and pay all• costs, ,, attorneys' fees and judgments resulting ,from any suit or action ,r at ,law brought against the Town of Los Altos Hills as a result of k:w-.: or in any way arising out of the. construction of, said work. P;,; • • 8o That County shall. accept the terms and conditions hereof, '' and that 'said acceptance shall be indicated by authorized repre- sentatives of County affixing their. signatures hereto in the space provided . r _ 4.11 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 she is hereby, directed to forward to County a certified copy of this Resolution for signature as hereinabove stated . . * * * * * * * I hereby certify that the foregoing is a full, true and correct copy of a Resolution duly passed and adopted by the i4., City Council of the Town of Los Altos Hills, California, at a r`' meeting thereof held on the 16th day of September , 1968, by the a following vote of the members thereof: AYES, and in favor thereof, Councilmen: Benson, Davey, Fowle, Helgesson, Mayor Aiken. ;;:.i NOES, Councilmen: None. ig ABSENT, Councilmen: None. AI City Cl rk of the Town of Los Altos Hills 4Y APPROVED: (/ ://( . „- • • ,, ! Mayor '''= Accepted by the Board of Supervisors of the County of Santa giij Clara this day of , 1968. z'- AYES : L,.. `Y NOES: ABSENT: - . . _ . .. . -. . . . .. . Chairman of the Board of Supervisors ATTEST: Clerk of the Board of. Supervisors . • 5. r G' "ti4 I.