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CC Resolution No. 3871 ~ML,• K:IJ : v 3-11-75-10 t ' • a ~ RESOLUTION N0. 3871 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DETERMINING TO UNDERTAKE PRO- - - CEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS FOR THE ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS WITHOUT PROCEED- INGS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE VALLCO PARK ASSESSMENT DISTRICT No. 1974-1 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 tYie City Clerk of this City a written petition for undertak- ing 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 Streets and Highways Code, for the following described acquisitions and improvements: . . ~ a) Traffic signal modification, construction, modification ~ and restriping of the intersection of Wolfe Road and ~ Homestead Road, as described in the de Leuw Cather report dated August, 1.973 (19~ k)*, b) Installation of a multi-phase traffic signal with double left-turn lanes westbound on Pruneridge Avenue at the ~ intersection~~of Pruneridge Avenue and Tantaiz Aven~ue (19 e)~, c) Construction of an exclusion right-turn lane on Wolfe Road northbound at the approach to Pruneridge Avenue (19 1)~, d) The construction of a freeway overcrossing of Tantau Avenue over Interstate 280 (paragraph following 19 p)~, *Parenthesized references are to the "Conditions of Approval", Vallco Park Regional Shopping Center, 6-U-73, approved as conditions of approval of Application 6-U-73,~by the City Council of the Cfty of Cupertino on July 16, 1974. 3E-7( e) Construction of intersection improvements at Tantau Avenue and Vallco Parkway, to the requirements of the Director of Public Works (19 p)*. f) The acquisition of all lands and easements and the con- struction of all work auxiliary to any of the above and necessary to parry out the same.. WHEREAS, the costs and expenses of said contemplated acqui- sitions 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 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, THEREFORE, 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 improve- ments have filed with the City 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 Highi,rays Code. IT IS FURTHER FOUND, DETERMINED and ORDERED that said pro- ceedings 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 pro- visions 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 17th day of Marrh , 1975, by the following vote: AYES: Councilmen - Frolich, Meyers, Sparks NOES: Councilmen - Nellis, Jackson ABSENT: Councilmen - None APPROVED: ATTEST: City lerk -2- . WIS.SON, eTONES, MORTON ~C LYNCH ATTORNEYS AND COUNSELLORS AT LAW 630 NORTH SAN MATEO DRIVE SAN MATEO, CALIFORNfA 94401