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HomeMy WebLinkAbout470 4111 RESOLUTION NO. 470 A RESOLUTION GRANTING CONSENT OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS TO THE COUNTY OF SANTA CLARA TO THE ACQUISITION AND CONSTRUCTION OF PUBLIC IMPROVEMENTS IN INCORPORATED TERRITORY WITHIN THE TOWN OF LOS ALTOS HILLS RESOLVED, by the City Council of the Town of Los Altos Hills, California, that WHEREAS, the Board of Supervisors of the County of Santa Clara have filed with this Council a certified copy of its resolution request- ing consent of this Council to the acquisition and construction of public improvements and assess the cost thereof on the lands described in said resolution, said assessment being proposed to be levied upon land located within the County of Santa Clara, and WHEREAS, some of the proposed work and acquisitions are within the limits of the Town of Los Altos Hills over which this council has jurisdiction, and WHEREAS, the public interest and general welfare will be served by undertaking and completing said project upon the terms and conditions hereinafter specified, NOW, THEREFORE, IT IS ORDERED AS FOLLOWS: 1. Consent is hereby granted to the County of Santa Clara to the formation of aro osed assessment district and to the construction P P and acquisition of the public improvements proposed, and to the levy- ing of assessments therefor, and to the assumption of jurisdiction thereover, for the purposes aforesaid, subject to the following terms and conditions: a. The consent hereby granted shall extend only to those portions of the Town of Los Altos Hills shown and designated as areas LAH 1, LAH 2 and LAH 3 upon that certain map annexed hereto marked EXHIBIT A and by this reference incorporated herein. b. The consent granted herein, insofar as the same relates to those certain areas designated on Exhibit A as LAH 2 and LAH 3 shall be the same is hereby limited to the purpose of acquisition and reservation of opacity and. t-reatmetit fights with regard to the trans. portation and treatment of sanitary sewage. Such consent is further limited so that the powers of assessment may be exercised only over those properties the owners of which consent to participate. -1- c. The con t hereby granted with regar o that certain area designated as LAH 1 on Exhibit A hereto is subject to the assent of the County of Santa Clara that said district will be formed and carried forward only in strict accordance with the policy of the Town of Los Altos Hills relating to such matters as said policy is expressed in Resolution No. 458 of the Town of Los Altos Hills, a true copy of which is annexed hereto marked EXHIBIT B, and by this reference incorporated herein. Treatment rights shall be assessed to all members of district LAH 1 as shown on Exhibit A. For purposes of application of said policy pursuant to the consent hereby granted, the City Council of the Town of Los Altos Hills reserves the right to review and approve the amount determined by the County of Santa Clara pursuant to Resolution No. 458, Section A, Sub-section 2(b), as being commensurate with the value of having a trunk or collector line nearby. Future payments collected pursuant to Resolution No. 458, Section A, Sub-section 2(b) are to be applied to the direct benefit of those in the area designated on Exhibit A as LAH 1. d. All assessments shall be based on unit of benefit. 2. Subject to the foregoing limitations, consent is further. granted to said County of Santa Clara to make such changes and modifi- cations as may be proper or advisable in the manner provided by law. 3. Consent is hereby granted to said County of Santa Clara to open all such public streets as are required for the installation of said improvements. All work pertaining to said project shall be done under the direction of the Engineer of the Works, and to the satis- faction of the City Engineer of the Town of Los Altos Hills, and in conformity with good engineering practice. Said Engineer of the 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 Engineer of the Works shall also take all steps necessary to see that existing utilities are protected and -2- replaced at no cost to the Town of Los Altos Hills. The County of Santa Clara will withhold final payment to the Contractor until it has received approval by the Town of Los Altos Hills of thebackfilling and paving installed. 4. The County of Santa Clara shall hold the Town of Los Altos Hills harmless from and defend against any and all claims or actions of any nature whatsoever arising out of the work provided for herein. 5. The County of Santa Clara agrees to be bound by the terms herein imposed, by acceptance of the within consent, this Resolution being conditional upon such agreement by said County. 6. The City Engineer of this City be, and he is hereby authorized and directed to carry out the provisions of this resolution. 7. The City Clerk be, and he is hereby directed, to file with the Clerk of the Board of Supervisors of the County of Santa Clara a certified copy of this resolution. * * * * * * * * * * * * * * * * 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 a meeting thereof held on the 15th day of July, 1963, by the following roll call vote: AYES: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken NOES: None ABSENT: None ATTEST: /s/ DENNIS R. LAHR City Clerk-Treasurer APPROVED• A Town of Los Altos -Hills - /s/ WM. ROSS AIKEN Mayor Town of Los Altos Hills -3-