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HomeMy WebLinkAboutCity Council Resolution 57 1~2~I0~ NO. ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA GRANTING CONSENT OF THE CITY (F ~TOGA FOR TEE CONSTRUCTION OF SANITARY SEWER MAINS IN CITY STRETS, AND APPROVAL OF RESOLUTZON OF INTENTION FOR LOCAL IMPROVEMERT DISTRICT NO. 4, CUPERTINO SANITARY DISTRICT, AND CONSENTING TO THE W~ AND THE FORMATION OF THE ASSESSEE DISTRICT DESCRIBED THEREIN. WHEREAS, the Secretary of the Board of Directors of CUPERTIN0 SANITARY DISTRICT has filed a resolution with this Council for the construction of certain improvements, more particularly described in said resolution, and WHEREAS, a portion of said work will be done in streets, highways, and. public places over which this City has Jurisdiction, and WHEREAS, it is to the best interests of the City to give its consent to the extending of the Assessment District and the work proposed as described in the Board, s Resolution, and WHEREAS, the public interest and general welfare will be served by undertaking and completing said project, NOW, THEREFORE, .IT IS ORDERED, as follows: 1. That consent be, and the same is hereby, granted to said CUPERTINO SANITARY DISTRICT (LOCAL IMPROVEMENT DISTRICT N0. 4) to construct said improvements, as described in said Resolution, and .to make such changes and modifications therein as may be proper or advisable in the manner provided by law. 2. That the proposed Resolution of Intention for L.I.D. No. 4 is hereby approved and consent is hereby given to the work, formation of the Assessment District, and assumption of Jurisdiction by the CUPERTINO SANITARY DISTRICT for all purposes of the proceeding and each and every step therein required for the construction of the work and levying, collecting, and enforcement of the assessments to cover the expertsee thereof and the issuance and enforcement of bonds to represent unpaid assessments. 3- That consent be, and the same is hereby, granted to said CUPERTINO SANITARY DISTRICT (LOCAL IMPROVEMENT DISTRICT NO. 4) to open all such public streets as are required for the construction of said improvements. All work pertaining to said project shall be dons under the direction of the Engineer of said District and to the satisfaction of the City Engineer of the City of Saratoga, and in conformity with good engineering practice. Said Engineer of said District 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 mount 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 usefulness as nearly as may be, and in conformity with City Ordinances established therefor. That final payment pursemat to any contract let by the District under L.I.D. No. 4 for construction within the City Limits of Saratoga shall be withheld until the written consent of the City Engineer of the City of Saratoga has first been obtained. That the CUPERTiN0 SANITARY DISTRICT (LOCAL INPROVENENT DISTRICT N0. 4) does indemnify and hold harmless the City of Saratoga, its officers and employees from all suits and actions of every name and description brought for or on accouat of any damages or injuries received or sustained by any person or persons, by or from the contractor, his servants or agents in the construction of the work or by or in consequence of any negligence in guarding and warning of the same, in improper materials used in its construction, or on account of any act or omission of the contractor or his agents or employees. -2- 4- That the City Engineer of the City of Saratoga be, and he is hereby, authorized md directed to carry out the provisions of this Resolution. 5. That the City Clerk be, and he is hereby, directed to file with the Secretary of the .BOARD OF DiREOTORS of CUPERTIN0 SANITARY DISTRICT a certified copy of this Resolution. PASSE AND ADO.RE at a regular meeting of the City Council of Saratoga on the i.~embey 1958, by ths following vote: AYES: Councilmen Brazil, Glemnon, Rosasco, Lan~wllt, Jetsen NOES: Councilmen - none ABSENT: Councilmen - none Signed and approved this 3r~d day of December , 1958. ayov ol ga