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RESOLUTION NO. 323
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT,
CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND
ACQUISITIONS
SEWER ASSESSMENT -DISTRICT NO. 1
RESOLVED, by' the City Council of the Town of Los Altos Hills,
California, that
WHEREAS, on the 21st day of June, 1965, said Council adopted
its Resolution of Intention No, 309 to acquire and construct
public improvements in said Town, and referred the proposed ac-
quisitions and improvements , to the Engineer of ?'fork of said Town,
he being the officer having charge and control of the construction
of improvements in and for said Townof the kind described in
said Resolution of Intention and being a competent person appointec
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 Improve-
ment 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 of
the 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;
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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
for the cost of the project, did. not, at or prior., to the time
fixed for said hearing file written protests against the said pro-
• posed 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 whole, 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 particularly
• 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 performance of a •
public. function as such shall be omitted from said district and
from.-the levy and collection of thespecial . 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. •
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4. That the Engineer ' s estimate of the itemized and total
• msts• and expenses of said acquisitions and improvements, and- of
the incidental expenses in connection therewith, contained 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 .
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5. That the maps and descriptions. of the lands and easements
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 saic
Council does hereby- order the acquisitions and improvements to be
made as described in and in accordance with said Resolution of .
Intention on file in' the 'office of the City Cleric of said Town,
. reference to which is 'hereby made for a more particular descriptior
of said acquisitions and improvements, and also for further par-
ticulars • pu-rsuant 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 of Intention, and also the
boundaries and diemnsions 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 subdivision,
• having been given a separate number. upon said diagram, as containe
in said report, be, and it is 'hereby, finally approved and con-
firmed as
on-firmed . 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 acquisitions and improvements upon the
several subdivisions of land in said district in proportion to
the estimated benefits to be received by said subdivisions, re-
spectively, 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 improvement- .
9. That said Engineer ' s report, be, and the same is hereby,
finally adopted and approved .as a whole .
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10. That the Clerk shall forthwith deliver to the Superin-
tendent of Streets rthe said assessment, together with said dia.gra_
thereto attached and made a part thereof, as confirmed by this
Council, with his certificate 'of such confirmation thereto attached
• and of the date thereof; and that said- Superintendent of Streets
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shall record said diagram- and •assessment in his office in a suit-
able book ,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 recording
of said diagram and assessment, shall mail to each owner of real
property within the assessment district at his last known address
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' as the same appears on the tax rolls of the Town or on file in
the office of the City Cje rk . of said Town, 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 installment of
which bonds shall mature not to exceed fourteen. (14-I-) 'years from •
the second day of July next succeeding ten (10) months from their
date. • -
12. That said Superintendent of Streets shall also give noti _e
by publishing a copy of a Notice to Pay Assessments by three sue-
cessive insertions in the Los Altos News, a newspaper published in
Santa Clara County,: there being no newspaper published in said
Town, that said assessment has .been recorded in his office, and th.-t
all sums assessed thereon are due and payable immediately, and than
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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.
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I hereby certify that the foregoingis 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 18th day of October ,
1965, by the following vote of the members thereof:
AYES, and in favor thereof, Councilmen: Bowler, Clayton,
Fowle , Mayor Henley
NOES, Councilmen: None
ABSENT., Councilmen: Aiken
Cit-y--Clerk o - - .Down of.
t.Los ltos Hills
APPROVED
Mayor