CC Resolution No. 7767
RESOLUTION NO. 7767
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DETERMINING TO UNDERTAKE PROCEEDINGS WITHOUT FURTHER
ACTION UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS
CODE, CITY OF CUPERTINO STREET AND TRAFFIC IMPACT FEE
ASSESSMENT DISTRICT
CITY OF CUPERTINO
Street and Traffic Impact Fee Assessment District
RESOLVED, by the City Council (the "Council") of the City of (Jupertino (the
"City"), County of Santa Clara. California. that
WHEREAS, a written petition for undertaking proceedings pursuant to special
assessment and assessment bond acts, and to assess the cost thereof upon the
properties benefited, and waiving proceedings under Division 4 of the Streets and
Highways Code, signed by the owners of more than 60% in area of the properties
proposed to be assessed. has been filed with the City Clerk for the making of the
acquisitions and improvements described on Exhibit "A" attached hereto and made a
part hereof;
WHEREAS, the costs and expenses of said acquisitions and improvements are to
be chargeable upon an assessment district, the exterior boundaries of which are the
coterminous exterior boundaries of the composite and consolidated area shown on the
map thereof on file in the office of said Clerk, to which reference is hereby made for
further particulars;
WHEREAS, the public interest and convenience will be served by the taking of
said proceedings;
NOW, THEREFORE, IT IS ORDERED as follows:
1. That all of the owners of more than 60% in area of the property subject to
assessment for said acquisitions and improvements who appear to be such on the
Assessor's roll on the day that said petition was filed, or, in the case of transfers of land
or parts thereof subsequent to the date upon which the last Assessor's roll was
prepared. appear to be such on the records in the County Assessor's office which the
County Assessor will use to prepare the next ensuing Assessor's roll, have signed and
filed with said Clerk a written petition for said acquisitions and improvements and a
written waiver of investigation proceedings under Division 4 of the Streets and Highways
Code.
2. That the provisions of Division 4 of the Streets and Highways Code. other than
those which relate to the foregoing findings, determinations and orders, shall not apply to
the making of said acquisitions and improvements. and proceedings therefor shall be
had pursuant to the Municipal Improvement Act of 1913 and bonds shall be issued
pursuant to the Improvement Bond Act of 1915. without further proceedings under said
Division 4.
. . . . . . . . . * . .
PASSED AND ADOPTED at a meeting of the City Council of the City of Cupertino
this 6th day of March . 1989, by the following vote:
AYES:
Gatto, Koppel, Rogers, Plungy
NOES:
None
ABSENT:
Johnson
ABSTAIN:
None
/s/ John J. Plungy, Jr.
Mayor
/s/ Roberta A. Wolfe
Deputy City Clerk
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CITY OF CUPERTINO
Street and Traffic Impact Fee Assessment District
DESCRIPTION OF WORK
Within the City of Cupertino, County of Santa Clara. State of California, the
construction and acquisition of the fOllowing public improvements, including the
acquisition of all lands. easements. rights-of-way. licenses, franchises, and permits and
the construction of all auxiliary work necessary and/or convenient to the accomplishment
thereof in accordance with plans and specifications to be approved by the City of
Cupertino:
The acquisition of rights of service and use evidenced by traffic street and traffic
impact fees attributable to the lands assessed within the captioned assessment district.
Said fees were applied to the construction of street improvements of benefit to said
lands, including street widening, pavement. installation of required signals. striping and
signs and related improvements,
EXHIBIT A