CC Resolution No. 7812
13031-1)7
JHHW:SRC:ce 04/26/89
S7529
RESOLUTION NO. -Z§12
A RESOLUTION ADOPTING ENGINEER'S REPORT, CONFIRMING THE
ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS, AND
DIRECTING ACTIONS WITH RESPECT THERETO
CITY OF CUPERTINO
Street and Traffic Impact Fee Assessment District
RESOLVED, by the City Council (the "Council") of the City of Cupertino (the
"City"), County of Santa Clara, Califomia, that
WHEREAS, on March 6, 1989, this Council adopted Resolution No. 7768, A
Resolution of Intention to Make Acquisitions and Improvements, and therein directed the
Engineer of Work to make and file a report in writing in accordance with and pursuant to
the Municipal Improvement Act of 1913;
WHEREAS, said report was duly made and filed, and duly considered by this
Council and found to be sufficient in every particular, whereupon it was determined that
said report should stand as the Engineer's Report for all subsequent proceedings under
and pursuant to the aforesaid resolution, and Monday, May 1, 1989, at the hour of 6:45
o'clock p.m., in the regular meeting place of this Council, City Hall, 10300 Torre Avenue,
Cupertino, were appointed as the time and place for hearing protests in relation to said
proposed acquisitions and improvements, notices of which hearing were duly and
regularly posted, mailed and published; and
WHEREAS, said hearing was duly and regularly held, and all persons interested
desiring to be heard were given an opportunity to be heard, and all matters and things
pertaining to said acquisitions and improvements were fully heard and considered by this
Council, and all protests, both written and oral, were duly heard, considered and
overruled, and this Council thereby acquired jurisdiction to order said acquisitions and
'.
improvements and the confirmation of said diagram and assessment to pay the costs
and expenses thereof;
NOW, THEREFORE, IT IS ORDERED. 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 proposed acquisitions and improvements or the grades at which said work is
proposed to be done. as a whole or as to any part thereof. 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 any part thereof. or against the engineer's estimate of
costs and expenses. in whole or in part. or against the maps and descriptions. in whole
or in part. or against the diagram or the assessment to pay for the costs and expenses
thereof. in whole or in part.
2. That the public interest. convenience and necessity require that said
acquisitions and improvements be made.
3. 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
as shown by a map thereof filed in the office of the City Clerk. which map is made a part
hereof by reference thereto.
4. That said Engineer's Report as a whole and each part thereof. are hereby
approved and confirmed to wit:
(a) the plans and specifications for the proposed improvements;
(b) the maps and descriptions of the lands and easements to be acquired,
if any;
(c) the engineer's estimate of the itemized and total costs and expenses of
said acquisitions and improvements. and of the incidental expenses in connection
therewith;
-2-
·
(d) the diagram showing the assessment district and the boundaries and
dimensions of the respective subdivisions of land within said district; and
(e) 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, respectively, from said acquisitions and improvements, and of the
expenses incidental thereto.
5. That final adoption and approval of the Engineer's Report as a whole, and of
the plans and specifications, maps and descriptions of the lands and easements to be
acquired, estimate of the costs and expenses, the diagram and the assessment, as
contained in said report, as hereinabove determined and ordered, is intended to and
shall refer and apply to said report, or any portion thereof, as amended, modified,
revised or corrected by, or pursuant to and in accordance with, any resolution or order, if
any, heretofore duly adopted or made by this Council.
6. That said acquisitions and improvements be made, and that said assessment
to pay the costs and expenses thereof is hereby levied. For further particulars pursuant
to the provisions of said Municipal Improvement Act of 1913, reference is hereby made
to said Resolution of Intention.
7. That based on the oral and documentary evidence, including said Engineer's
Report, offered and received at said protest hearing, this Council expressly finds and
determines (a) that each of said several subdivisions of land will be specially benefited by
said acquisitions and improvements at least in the amount, if not more than the amount,
of the assessment apportioned against said subdivisions of land, respectively, and (b)
that there is substantial evidence to support, and the weight of said evidence
preponderates in favor of, the aforesaid finding and determination as to special benefits.
-3-
8. That said Clerk shall forthwith:
(a) deliver said assessment to the Superintendent of Streets, together with
said diagram, as approved and confirmed by this Council, with a certificate of
such confirmation and of the date thereof, executed by said Clerk, attached
thereto. Said Superintendent of Streets shall record said assessment and
diagram in his office in a suitable 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; and
(b) cause a copy of said assessment diagram and a notice of assessment,
executed by said Clerk, to be filed and recorded, respectively, in the office of the
County Recorder of the County of Santa Clara, such notice to be in substantially
the form provided in Section 3114 of the Streets and Highways Code.
From the date of recording of said notice of assessment, all persons shall be
deemed to have notice of the contents of such assessment, and each of such
assessments shall thereupon be a lien upon the property against which it is made, and
unless sooner discharged such liens shall so continue for the period of ten (10) years from
the date of said recordation, or in the event bonds are issued to represent said
assessments, then such liens shall continue until the expiration of four (4) years after the
due date of the last installment upon said bonds or of the last installment of principal of
said bonds.
The appropriate officer or officers are hereby authorized to pay any and all fees
required by law in connection with the above.
-4-
9. To expedite the completion of these proceedings, and pursuant to written
waivers heretofore executed by all of the owners of the properties to be subjected to the
assessments levied herein, which waivers are now filed with the City, the following shall
not apply to these proceedings:
(a) the requirement of Section 20484 of the Public Contract Code that
Notice of Award of Contract be published, and the right under Section 20485 of
said Code to take the work and enter into a written contract to do the whole work
at prices not exceeding the prices specified in the low bid (it being expressly
understood that by reason of such waiver the dating and execution of the contract
for the work may precede the lapse of ten days from publication of Notice of
Award of Contract, if any):
(b) the requirement that the notice to pay assessments shall be published
or mailed:
(c) the right to have thirty (30) days or any other period within which to pay
assessments in cash, it being the intention of said owner(s) not to pay same in
cash and to have bonds issued therefor;
(d) the requirement that the bonds be dated after the expiration of the
cash payment period;
Accordingly, in these proceedings, there shall be no cash collection period, no
collection officer and no published or written notices of such rights of cash payment.
* * * * * * * * * * * *
-5-
PASSED AND ADOPTED at a meeting of the City Council of the City of Cupertino
this 1st day of Mav . 1989. by the following vote:
AYES:
Gatto, Johnson, Koppel, Rogers, Plungy
NOES:
None
ABSENT:
None
ABSTAIN:
None
/91./ Tohn T Pl11ngYJ Tr
Mayor
Isl Dorothy Cornelius
City Clerk
-6-