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HomeMy WebLinkAbout449 • RESOLUTION NO. 449 A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS. SEWER ASSESSMENT DISTRICT NO. 3 RESOLVED by the City Council of the Town of Los Altos Hills, that WHEREAS, on the 19th day of June , 19 67, said Council adopted its Resolution of Intention No. 399 , to acquire and construct public improvements in said City and referred the proposed acquisitions and improvements to the City Engineer of said City, he being the officerhaving charge and control of the acquisition and construction of improve- ments in and for said City 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 City Engineer to make and file with the City Clerk of said City a report in writing in accordance with and pursuant to the Municipal Improve- ment Act of 1913; WHEREAS, said report was duly made and filed with the City Clerk of said City, 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 con- tained 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) plans and specifications of the proposed improvements, (3) estimate of costs, (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; LAOORIO I. FAIBANT ATTORNCYR AT LAW 000 THIRD OTRCCT LOS ALTOS. OALIT. !4■-15700 II) • WHEREAS, said Council found that said report and each and every part thereof was sufficient in every particular and determined that it should stand as the report for all subse- quent proceedings under said Act, whereupon said Council, pursuant to the requirements of said Act, appointed Thursday, the 28th day of March, 1968, at the hour of 7 .45 o 'clock P.M. Hills in the Los Altos Hills Town Hall , Los Altos', California, as the time and place for hearing protests in relation to said pro- posed acquisitions and improvements , and directing the City Clerk of said City to give noCce of said hearing as required by said Act; WHEREAS, it appears that notices of said hearing were duly and regularly posted, mailed and ?ublished in the time, form and manner required by said Act, as evidenced by the affidavits on file with said City Clerk, whereupon said hear- ing was duly and regularly held at the time and place stated in said notice; and WHEREAS,certain persons interested, objecting to said acquisition and improvements, or to the extent of the assess- ment 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 City Clerk of said City at or before the time set for hearing, and all persons 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 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 LAOORIO & FAIHANT and ORDER, as follows : ATTOIMNKYU AT LAW ■OO THIRD LOB ALTOS, CALIF -2- 940.8200 • • 1. That the owners of one-half of the area to be assessed for the cost of the project did not, at or prior to the time fixed for said hearing file written protests against 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 whal , or as to the Engineer ' s estimate of said costs and expenses, or against the maps and descriptions, or against the diagram or assessment to pay for the costs 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 particu- larly described in said Resolution of Intention and made a part hereof by reference 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 ' s estimate 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 ease- ments to be acquired, as contained in said report, be, and the LAL3ORIO & FAIBANT ATTORNCY• AT LAW -3- ROO THIRD ■TR[[T LOB ALT019, CALIF. 94R-8700 S 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 Litention on file in the office of the City Clerk of said City, reference to which is hereby made for a more particular description of said acquisitions and improvements, and also for further particulars pursuant to the provisions of said Municipal Improvement Act of 1913. 7 . That the diagram showing the assessment district referred to and described in said Resolution and also the boundaries and dimensiods of the respective subdivisions of land within said district' as the same existed at the time of the passage of said Resolution of Intention , each of which upon said sub- divisions having been given a separate number dia- gram, as contained in said report , be, and it is hereby, . finally approved and confirmed as the diagram of the properties to be assessed to ,ay 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 acquisitions 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 thereto, 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. 10. That the City Clerk shall forthwith deliver to the Superintendent of Streets the said assessment , together with LAGORIO & FAISANT ATTORNEY. AT LAW 300 THIRD •TTTTT -4- LOG ALTOS. CALIF. 948.8200 • 411 said diagram thereto attached and made a part thereof, as confirmed by this Council, with his certificate of such con- firmation thereto attached and of the date thereof; and that said Superintendent of Streets shall record said diagram and assessment in his office in suitable books to be kept for that purpose, and append thereto his certificate of the date 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 each owner of real property within the assessment district at his last known address as the same appears on the tax rolls of the City or on file in the office of the City Clerk of said City, or to both addresses if said address is not the same, or to the general delivery when no address so appears, a statement containing a designation by street number or other description of the property assessed sufficient to enable the owner to identify the same, the amount of the assessment, the time and place of payment thereof, 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 Bond Act of 1915, the last install- ment 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 the Notice to Pay Assessments by three (3) successive insertions in the Los Altos News, a newspaper published in Santa Clara County and circulated in the Town, there being no newspaper published in the Town, that said assessment has been recorded in 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 LAOORIO & FAIBANT ATTORNEYE AT LAW -5- 9 00 5- 9OO THIRD •TTTTT LOS ALTOS, CALIF. S4B-BBDO 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. * * * • • .A®ORID & FAISANT ATTORN CYR AT LAW 3O0 THIRD IOTA C/CT LOB ALTOS, CALIF. 948-8200 • 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 28th day of March , 1968, by the following roll call vote: AYES: Councilmen Davey, •Fowle,Mayor Henley NOES : Councilmen Aiken and Benson ABSENT: None ATT ST: ) City C er APPROVED: Mayor • LAOORIO & FAISANT ATTORNMYR AT LAW DO THIRD ■TRCCT LOS ALTOS, CALIF. 94B-9200