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HomeMy WebLinkAbout323 410 U?JML:JS:up ® 10/1/65 8c 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. 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Jo `sruawaAoadwT puoT TsTnboe pTes or uTgroacgo `parsaJaruT suosaad (I) 71q0 `SvaIayi pue aoTrou pTes uT pe4e4s aoeTd pue awTr' aur re pian rTJeTnBaJ pue .icTnp sem SuTJesq pTes uodnaJag1 pTes u4TM aTTJ uo srT.nepT;Je aqq- i q paouapTAa se `4oy pTes 1Sq paaTnbaa Jauuew pue mac); `auTq- auq- uT pausTTgnd pue paTTew 'pa;sod R.TauTn5aJ pue /STnp aaaM 2uTJeaq pTes Jo saoTrou 4eu4 sJeadd.e rT `SvaayHfi a-3V pTes ..g paJTnbaJ se 2uTJeau pTes Jo aoT4ou aATB or UMOf, pTes JO ./S4T0 aur BuTroaJTp pue CsruawanoJdwT pue suoTrTsTnboe pasodoad pTes or uoTreTaJ uT srsaroJd ` uTJeau :ZOj aoeId pue aWT4 aur se `eTuaoJTZeQ `sTITg so4TV sol 'peon 411O74J9J,T 6Lg9z `TTeI :umos `sJagweu0 TTounoo auk. uT •dcep pTes Jo *Iva �ioO Co O g17:), Jo Jnou aur re `'g96T `Jago400 Jo ./Sep 1.140T aqa `RepuoN paruTodde '4oV pTes Jo sruawaJTnbaJ aq4 o� q.uensJnd `TTounoO pTes uodnaJagM 'rob -pTes Japun sSuTpaaooJd quanbasgns Tie JoJ raodaJ aq4 se pue s. pTn.ogs rT ;eq4 pauTui -Ja4ap pue JeTnoTrJed .RJaAG UT ruaTOT,TJns sem JoaJauor gJed pue goea pue 4JodaJ pTes aeur punoz TTounop pTes `SdguI}i i • • • • - I • 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. • - 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 . 3 • • • • 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 . • 4 • • • III : • • 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 • 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 • ' 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 • 5 • 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. -x a: # . * .* *, * 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