CC Resolution No. 3101-17 r.. • . u .
WJML:KIJ:~? 10-30-72-35c
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RL<<OI~TTTOI~1 .PJc~. 31G1- 17
~1 R~SOLUTIOPI 0~' TF~; CI''L~Y COUNCIL OF THE CITY OF
CLTPFRTII~ZO, ll?~D Of;DER l1DOPTITIG ENGIN~ER' S
R~PORZ', COP1r TR~~IING THE ASSE~~P•1rNT 11P1D ORDERING
TH~ ';~ORK ~~I~1D /iCQUISITIO?1S
CRO~SROADS ASSESSniENT DISTF~ICT .
YROJECT N0. 71-2
RESOLVED, by the City Council of the City of Cupertino,
California, that
1~~HEREAS, on the 6th day of P~Iarch, 1972, said Council~ adopted
its Resolution of Intention No. 3101-3, as amended, to acquire and
construct pUblic improvements in said City, ar.d referred the pro-
posed acqui_sitions and improvements to the Engineer of ~~~1ork of
this City, he bein~ the officer havin~ charoe and control of the
eonstruction of improvemen~s in and for said City of the kind ~
described in said Resolution of Intention and bein~ a competent
person empioyed by said City for ~hat purpose; ~
6•dHEREI~S, this Council thereby d:~rected sald Lngineer of ~~dork
to malce ar.d file with the City Clerk a repor•t yn writin,~, in
accordance vaith and pursuant ~o the Municipal Improvement Act of
1913;
[~REAy, said report was duly made and filed with the City
Clerk of this City, whereupon said Clerk presented it Lo this
Council for consideration; ~
[~IHEREAS, this Council thereupon duly considered said report
and each and every part ~hereof and found that it contained all
the matters and t?"?1ri~S ca~led for by the provisions of said l~ct, .
includin~ (1) plans and specifications of the proposed improve-
ments, (2) estimate of costs, (3) dia~ram of district, an
assessment accordin~ to benefits, and (5) maps and descriptions
of lands and easements to be acquired, all of which was rlone in
L-he form and mannex r2quired by said Act; •
~ ~~,~iEREAS, said Council found that saicl report and each and~
' every parL thereof was sufficien~ in every particular and
. determined that it should stand as the report for all subsequent
proceedin~s under said l1ct, whereupon said Council, pursuant to
the requirements of said ~lct, appointed Alonday, Lhe 6Lh day of
~ November, 1972, at the hour of 7:30 o'clock P.M, of said day, in
the Council Chambers, 10300 Torre A venue, Cupertino, Calii'ornia,
as the time and placc for hearing protests in relation to said
proposed acquisitions and improvements, and directin,~, the City
Clerk to ~ive noLice of said hearin~ as required by said Act;
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4JI~REAS, it appears that notices of said hearing were duly
and rea~ularly.posted, mailed and published in the time, form and
manner required by said Act, as evidenced by the affidavits on .
file with said Clerk, whereupon said hearing was duly and regularly
held at the time and place stated in said notice; and .
~~REAS, persons interested, ob~ecting to said ~
acquisitions ar.d improyemen~s, or to the extent of the assessment ~
district, or to the proposed Gssessment or dia~ram, or to the maps~
and descriptions, or to the grades at which said work will be done,
or to the En~ineer's estimate of the costs and expenses thereof,
filed written protests with the Clerk of said City at or before
the time se~ for hearin~ and all persons interested desirin~ to be
heard were given an opportunity to be heard, and all matters and
tllin,r~,s pertainin~ to said acquisiLions and improvements were.•fully
heard and considered by said Council, and were overruled, and said
Council has acquired jurisdic~ion to erder said acquisitions and
improvements and the confirmation of said dia~ram and assessment
to pay the costs and expenses thereof; ~
NO~~~T, TI-IEREFORE, said Council does hereby FIND, .DETERAZINE and
ORDER, as follo~as :
1. That the owners of one-hali" of the area to be assessed
f or the cost of the project did not, a~ or prior to the time #'ixed
for said hearin~, file written protests against the said proposed
acquisitions and improvements as a whole, 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 the En~ineer~s estimate of said costs and expenses, or against
Lhe maps and descriptions, or against Lhe~dia~ram or assessment
to pay for th~ cosLs and expenses thereof.
2. That the district benefited by said acquisitioris and
improvements and to be assessed ~o pay. the cost-s and expenses
thereof, and the ex~erior bound~ries thereof, are more particularly
described in said Resolution of Intention and made a part hereof
by reference thereLo. That all public streets and hi~hvaays within~
said assessment disLrict in use in the per£ormance of a public
function as such shall be omitted from sai_d district and from the
levy and collection of the special taxes Lo be hereafter levied
and collected to cover th~ cas~s and expenses of said acquisition~
and improvements.
3. That the plans and spe.^,ifications for the proposed
improvements, contained ir~ said report, be, and they are hereby
finally.adopted and approj~ed as the plans and specifications to
which said work shall be done as called far in said Resolution
of Intention.
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That Lhe En~ine~r'N estimate oi' ~he itPmized and total
costs and expenses of said ac~uisitions and irnprovement-s, and of
the incidental expenses in conn.ection therewith, contained in
said report, be, a nd iL is hereby finally adopted and approved as
the Engineer's total and de~ailed estimate of the costs and ~
expenses of said acquisi~ions and improvements.
5. That Lhe maps and descriptions of the lands and.~as~ments
to be acquired, as contained in said report, be, and ~:he same are
hereby finally approved and confirmed.
6. That the public interest an~ convenience require and said
Coun~il does hereby order the acauisitior~s and improvements to be
made as described in and in accordance with said Resolution of
IntenLion on file in the office of the Clerlt of said C~ty, reference
to vahich is hereby made for a more particular description of said
acquisitions and improvements, and also for further particulars
pursuan~ to the provisions of said P~1uni~ipa7. Improv~ment Act of 1913.
7. That the diagr~m showing the assessment distr:Lc_t referred
to and descritied in said Resolution of Intention, and also the
boundaries and dimensions of the respective subdivis9.ons of land
withzn said district as the same ex~isted at the time oi t-he passage
of said ResoluLion of In~ention, each of which subdivisions have
been given a separate number upon said diagram, as con~ained in
sa~d report, be, and it is hereby finally approved and confirmed as
the dia~ram of the proper~ies to be assessed to pay the costs and
expensPS of said acquisiL-ions and improveMenL-s.
8. That the assessment of L-he total amount of the cosL-s and
expenses of the proposed acqu~sitions and improvements upon Lhe
several subdivisions of land in said district in propo.rtion to the
estimated benefits to be received by said subdivisions, respectively,
from said acquisitions ar~d improvements and.of the expenses inciden-
tal thereto, contained in said report, be.,. and the same is he~~eby .
~finally approved and confirmed as the assessment to pay the costs
and expenses of said acquisitions and improvements. ~
9. That said Engineer's report be, and the sarrie is hereby
finally adopLed an~ approved as a tiahole. •
10. That the City Clerk shall forthwith deliver to the
Super.intendent of Streets the said assessment, to~ether ~vith said
. dia~ram thereto attached and made a part thereof, as confirmed by
this Council, wi ~h Yiis certificate oi' such confirmation thereLo
attached and of the date t;hereof'; and that said Superintendent o.f~
Streets shall record said dia~ram and assessment in his office in
a suitable book to be icept i'or that; purpose, and append thereto
his certificate of Lhe date of such recordin~, and such recorda-
tion shall be and constitute the assessment roll herein.
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11. That said Superintendent of Streets, upon the recording
of said diagram and assessment, shall mail to each owner of real
property within the assessment district, at his last known address
as the same appears on the tax rolls of the City, or on file in
the office of the City Clerk, or to both addresses if said address
is not the same, or to the general delivery when no address so
appears, a statement containing a designation by street number or
other description of the property assessed sufficient to enable the
owner to identify the same, the amount of the assessment, the time
and place of payment thereof, the effect of fail -ire to pay within
such time, and a statement of the fact that bonds will be issued on
the unpaid assessments pursuant to the Improvement Bond Act of 1915.
12. That said Superintendent of Streets shall also give
notice by publishing a copy of a Notice to Pay Assessments once a
week for two weeks in the Cupertino Courier, a newspaper published
in said City, that said assessment has been recorded in his office,
and that all sums assessed thereon are due and payable immediately,
and that the payment of said sums is to be made thirty (30) days
after the date of recording said assessment, which date shall be
stated in said notice, and of the fact that bonds will be issued
upon unpaid assessments as above provided.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Cupertino this 6th day of November, 1972, by
the following vote:
AYES: Councilmen - Irwin, Jackson, Meyers, Sparks, Frolich
NOES: Councilmen - None
ABSENT: Councilmen - None
APPROVED:
ATTEST: &'4 -q
Mayor, City of Cupertino
City erk
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