BOOK 26_1955-11-28 to 1957-06-17

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469 4. That several other contractors or subdividers besides the Land Development Company involved�in the original dispute were granted similar rights notwithstanding the provisions of Ordinance 494 and 631, Gentlemen, I have previously stated that not any of us are competent to determine the legal ramifications involved. There is the probability that the con- sent and court decree can and should have been appealed. There is always the posdib- ' ility of a taxpayers suit to enjoin further payments to determine the city's rights. It is therefor my belief that if as Councilman Granger has stated that his conscience is clear, and certainly ours should be, then there should be no reason for our refusal to have this matter property determinedr' Certainly Councilman Granger should be in a position to second a suitable motion that will permit of the obtaining of such a legal opinion. I therefor again offer the following motion: "I move that the entire matter and related questions be referred to the city attorney for exploration, determination of legal questions and problems involved, and that he submit his opinion as to the valid- ity alidity of any all matter involving the Carson-Minekton-Land Development water deal with the city, and in the event the press of other matters and current work in his department is of such volume as would prevent his giving this matter reasonably dilligent and expeditious attention, he submit suitable recommendation of other means of approach to the problem and as will permit an early and proper determination and action to resolve this question once 'f or all. Louis Weiss, Councilman Councilman Weiss moved that the entire matter and related questions be'referred to the City Attorney for exploration, determination of legal questions and problems involved, and that he submit his opinion as to the validity df any and all matters involving the Carson -Monckton -Land Development water deal with the City, and in the event the press of other matters and current work is his department is of such volume as would prevent his giving this matter reasonably diligent and expeditious attention, he submit suitable recommendation of other means of approach to the problem and as will permit an early and proper deter- mination and action totesolve this question once and for all. This was follwed by discussion. Councilman Granger stated that he is sure that the Council at the time of the action acted in good faith and there was no violation and as such he was not going to second the motion. Councilman Granger stated that he is sure that the Council at the time of the action acted in food faith and there was no violation and as such he was not going to second the motion. Councilman Stout was of the opinion that this should lie referred to•the City Attorney for his recommendation before taking further action. 'This was followed by discussion in regard to the possible cost of hiring an outside attorney. The City Attorney was of the opinion that the research on this'particular item would take 'an attorney approximately six weeks continuous work. Councilman Granger stated that they had the approval 6f two attorney at the time of the previous action and if there was any doubt then they should let a tax payer file a tax payers uit. This was followed by discussion after which the motion lost on roll call vote with Councilmen Granger, Spillers, Weymouth and Mayor Royer voting No and Councilman Herkner being noted absent. COMMUNICATION FROM ENGINEER CHARGES RANDLETT REGARDING WITHDRAWAL OF A PORTION OF LOTS 1, 2, 3, and 4, EATON AVENUE VILLAS, FOR ANNEXATION TO SAN CARLOS BECAUSE OF AVAILABILITY OF SEWERS. The Clerk read the letter from the City Engineer which reads in part as follows: . . ItInasmuch as Redwood City cannot serve these properties with sanitary sewer facilities, it is our recommendation that the disincorporation be approved so that San Carlos can provide sewer disposal service, and the California Water Service Company can provide water service along De Anza Avenue. Storm drainage is provided through the San Carlos storm drain system. If some legal arrangements could be worked out to control the minimum'size of lots into which this property might be subdivided, in order to satisfy the present owners along Eaton Villa Place, we would so recommend. The City Clerk advises that the assessments against these properties on De Anza Avenue for street improvements are delinquent and subject to considerable penalties. The delinquent assessments amount to $5,057.63, plus a considerable accumlation of unpaid interest and penalties. Tess unpaid assesments, interest and penalties would probably have to be paid off prior to any dis-incorporation from Redwood City." The Clerk read a petition from the property owners on Eaton Villa Place wherein they protested the annexation of portions of Lots 1, 2, 3 and 4 on Eaton Avenue Villas, Redwood City, to San Carlos. They would like to see the lots in question conform to the size of the improved properties on Eaton Avenue Villas. They feel if these lots are annexed to San Carlos they will be broken up into small lots. There were twenty signatures on the petition.