Resolution No. _____________

Board of Supervisors, County of San Mateo, State of California

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Resolution Setting a Time and Place for a Public Hearing to Consider Withdrawing Property from the East Palo Alto Drainage Maintenance District that Currently Lies Within the Boundaries of Both the City of Menlo Park and the East Palo Alto Drainage Maintenance District

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, acting as the governing board of the East Palo Alto Drainage Maintenance District, that

WHEREAS, the East Palo Alto Drainage Maintenance District (District) currently maintains drainage facilities within the corporate limits of the City of East Palo Alto; and

WHEREAS, the City of East Palo Alto has agreed to assume the maintenance of drainage facilities within their corporate limits which are currently the responsibility of the District, if the District is transferred to the City of East Palo Alto; and

WHEREAS, Section 5851 of the Streets and Highways Code provides that a district may be transferred to a city if the district is completely within the boundaries of one city; and

WHEREAS, withdrawing the property that lies within the boundaries of both the City of Menlo Park and the District will allow the remaining District to be transferred to East Palo Alto; and

WHEREAS, a public hearing is required to consider the withdrawal of territory from a maintenance district pursuant to Section 5844 et. seq. of the Streets and Highways Code; and

WHEREAS, the Director of Public Works has recommended that this Board hold a public hearing to consider the withdrawal from the District, the property that lies within the boundaries of both the City of Menlo Park and the District; and

WHEREAS, this Board has considered the recommendation of the Director of Public Works.

NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that:

1.

Tuesday, the 14th day of September 2004, at the hour of 9:00 a.m., at the Chambers of the Board of Supervisors of the County of San Mateo, in the Hall of Justice and Records, 400 County Center, Redwood City, California, is hereby fixed as the date, time and place of a hearing to consider withdrawing territory from the District that lies within the boundaries of both the City of Menlo Park and the District.

2.

The Clerk of this Board of Supervisors, pursuant to Section 5845 of the Streets and Highways Code, shall cause a copy of Exhibit “A” to this resolution, to be published once in the Independent Newspaper Group, a newspaper of general circulation circulated in said District.

3.

The Director of Public Works, pursuant to Section 5845 of the Streets and Highways Code, shall post copies of said Exhibit “A” to this resolution, at least one week before the date of said hearing, in three conspicuous places within that portion of the District sought to be withdrawn, and in three conspicuous places within the remaining portion of the District.

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