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CC Resolution No. 3000-04 J ~ RESOLUTION N0. 3000-4 A RESOLUTION DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS FOR THE ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS WITHOUT PROCEEDINGS UNDER DIVI- SION 4 OF THE STREETS AND HIGHWAYS CODE BLANEY AVENUE, ET AL. STREET WIDENING PROJECT ASSESSMENT DISTRICT AD 70-1 UNIT 3 RESOLVED, by the City Council of the City of Cupertino, California, that WHEREAS, all of the owners of more than 60% in area of the property subject to assessment therefor have signed and filed with the City Clerk of this City a written petition for undertaking proceedings pursuant to special assessment and assessment bond acts, and to assess the costs thereof upon the properties benefited by said improvements, and waiving proceedings under Division 4 of the 5treets and Highways Code, for the following described acquisitions and improvements: a) The acquisition of lands and easements necessary to widen Blaney Avenue from Forest Avenue southerly about 250 feet to a uniform right-of-way width of 60 feet and to widen Forest Avenue from Blaney Avenue westexly about 400 feet to a uniform right-of-way width of 60 feet, and the improving thereof by the construction therein of base pavement and wearing surface, Portland cement concrete curbs, gutters and sidewalks, street lighting facilities, and storm drainage facilities as required. b) The acquisition of all lands and easements and the construction of all work auxiliary to any of the above and necessary to complete the same. WHEREAS, the costs and expenses of said contemplated acquisitions and improvements are to be chargeable upon an assessment district, the exterior boundaries ~f which are the coterminous exterior boundaries of the composite and consolidated area shown on the map thereof on file in the office of the City 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, TAEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED, that all of the owners of more than 60% in area of the property subject to assessment for said proposed acquisitions and improvements have filed with the Clerk of this City a written petition for the acquisition and construction of improvements pursuant to appropriate special assessment and assessment bond acts, without further compliance with the provisions of Division 4 of the Streets and High- ways Code. IT IS FURTHER FOUND, DETERMINED and ORDERED, that said proceedings for the acquisition -and construction of said improvements shall be had pursuant to the Municipal Improvement Act of 1913, and the bonds upon the unpaid assessments thereof shall be issued pursuant to the Improvement Bond Act of 1915. IT IS FURTHER FOUND, DETERMINED and ORDERED, that the provisions of Division 4 of the Streets and Highways Code be, and they are hereby dispensed with. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th. day of April , 1971, by the following vote: AYES: Councilmen - Fitzgerald, Frolieh, Green, Stokes, Noel NOES: Councilmen - None ABSENT: Councilmen - None ATTEST: City Cler APPROVED: Mayor, City of Cupertino W9