1978-180A-Authorizing Sewer Extension AgreementRESOLUTION N0. 1978 - 180-6
RESOLUTION AUTHORIZING SEWER EXTENSION
AGREEMENT
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the TOWN OF LOS GATOS enter into that
agreement entitled "SEWER EXTENSION AGREEMENT" with STEVEN MUSICH and
LINDA MUSICH, a copy of which is attached hereto, and that the Mayor is
authorized and she is hereby directed to execute said agreement in the name
and in behalf of the TOWN OF LOS GATOS.
RESOLVED FURTHER, that the Town Clerk is hereby directed to record said
agreement with the County Recorder of Santa Clara County.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of L,os Gatos held on the 20th day of November 19785 by the
following vote:
AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrite, John B.
Lochner, Peter W. Siemens and Mardi Gualtieri
NOES: COUNCIL MEMBERS None
ABSTAIN
ABSENT:
ATTEST:
COUNCIL MEMBERS
COUNCIL MEMBERS
SIGNED:
CLERK OF T- TOWlI OF LOS GATOS
None
No
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SEWER EXTENSION AGREEMENT
THIS AGREEMENT, made by TOWN OF LOS GATOS (hereinafter referred to as
"Town ") and STEVEN MUSICH and LINDA MUSICH (hereinafter referred to as
"Owners ");
WHEREAS:
(a) The land referred to in this Agreement is described in the attached
Exhibit "A" and for brevity is referred to as "Land"
(b) Owners are the owners of Land and propose to install a septic tank
system in order to provide temporary sanitary sewer service for Land.
(c) It is probable that, at some future date, sewer mains and related
facilities will be installed in an easement or public right -of -way, adjacent
to Land, by special assessment proceedings or other means.
(d) Owners, as a condition of approval of Site and Architecture
Application No. 5- 77 -48, and in order to permit development consistent with
public health, safety and welfare, are required to connect to said sewer
main when installed.
THEREFORE, the parties agree as follows:
1. Permission to Utilize Septic Tank System: Town hereby grants Owners
permission to use septic tank systems to provide temporary sanitary service
to Land.
2. Future Payment of Share of Sewer System Extension Costs: Owners
shall participate in the cost of construction of a permanent sewer system
to serve Land in one of the following manners:
A. In the event Town shall, within 20 years of the date of this
Agreement, institute special assessment proceedings for installation of
said sewer system, Owners shall consent thereto, shall not protest said
proceedings, and shall pay their share of the cost thereof assessed to their
property.
B. In the event said sewer systems are instal-,2d within twenty (20)
years of the date of this Agreement without special assessment proceedings,
after installation and acceptance by Town and within ninety (90) days of
receiving a statement therefor from the Town, the Owners shall pay their
share of the cost thereof. The Owners' share shall bear the same proportional
ratio of the entire cost of extending the sewer facilities as the number of
building sites on Owners' property bears to the total number of building sites
served by the extension.
C. The Owners shall abandon the septic tank system at their own cost
and connect to the permanent sewer main within ninety (90) days after notice
from Town that permanent facilities are available.
3. This Agreement shall not prevent challenge of the assessment formula
by the Owners or their successors in interest.
4. This Agreement shall be recorded, shall run with the Land and shall
bind the Owners and their successors in interest.
IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate
the 20th day of November 1978.
ATTEST: TOWN OF LOS GATOS
/S/ Jo James (seal) /S/ Mardi Gualtieri
CLERK OF THE TOWN OF LOS GATOS MAYOR
(ACKNOWLEDGEMENT REQUIRED)
OFFICIAL SEAL
Jack I. Guercio
�"' "J ROTARY PO pI!C - CALIFORNIA
�,-y RRINCIPAL OFFICE IN
�ti.� ='" o SANTF CLA RA COUNTY
My Commission Expires Dec. [[ "5, 1979
EXHIBIT "A"
That certain parcel of land in the Town of Los Gatos, County of
Santa Clara, State of California, described as follows:
All of Parcels A and B as shown on that Map of Record of Griffin
& Bentel, being a portion of Section 28, Township 8 South, Range
1 West, Mt. Diablo Base & Meridian, as recorded on February 13,
1904, in Book 173 of Maps, Page 25, Santa Clara County Recorder
Official Records.
RESOLUTION NO. 1978-180
A RESOLUTION AMENDING RESOLUTION NO.
1971 -121 ADOPTING PERSONNEL RULES FOR
THE TOWN OF LOS GATOS, AND MAKING
CHANGES RELATING TO EMPLOYMENT LISTS.
IT IS HEREBY RESOLVED THAT, effective November 6th , 1978,
Section 2 of Rule VIII, Duration of Employment Lists, shall be amended to read
as follows:
Section 2. DURATION OF EMPLOYMENT LISTS
Employment lists shall remain in effect for one (1) year
from date certified by the Personnel Officer unless
declared exhausted prior to that time by the Personnel
Officer for one or more of the following reasons:
(1) All eligibles have been employed.
(2) Less than 50% of the original eligibles on the list
are available and willing to accept appointment;
(3) If there remain fewer than three (3) names on the list
available and willing to accept appointment;
(4) If the list has been in effect for six months and if
the Personnel Officer finds that better qualified
employees can be obtained through retesting.
The Personnel Officer may extend the life of a list for
additional periods if he finds it in the best interest of
the Town but in no case may any list remain in effect for
more than two (2) years after certified.
PASSED AND ADOPTED by the Town Council of the Town of Los Gatos at a
regular meeting held on this 6th day of November 1978,
by the following vote:
AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito,
Peter W. Siemens and Mardi Gualtieri
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS John B. Lochner
ATTEST: SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
CLERK OF ' + E � �d � OF LOS GATOS