CC Resolution No. 3871.10 ~
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~ . RESOLU'1'70N NO . 3871 • 10
A R1'sSOLUTION l1ND ORDI?R Ob' 'I'HE CI`1'Y COUNC]:I, OF `1'IjF
CT`l'Y O1~' CUP)~,IZ`l.'TNO l1U0)."1':I.NG I~.NGTNI~;I;I~' S}ii;i'O}l'I', .
CONr'TRMING '.CI~h: A551~:;~;~f~9)~;I~`P /~ND UR1~1~;}Z~I:NU '.l'l~E: WO1~K '
AND ACRUISl'1'IONS 1~OR V~f.,T~CO PARK /1SS},SSf~9H;N`P DIS'1'HICT
No. 1974-1
. I~ESOI,VED, by Lhe Cit;y Council. of Lhe CiLy of Cuperti.no,
~ California, Lhat ~ • ~
~W}~ERFAS, on March l7, 1975, this Council adopted its Resolution
of Intent;ion No. 3871.2 to acqui.re ~nd constri~ct p!:b].ic irnproveineni;s
in Lhe City of Cuperti.no, and ~~eferred Lhe pro~~osed acquisitions and
improv~ments to the En~;S.neer of Work of i:h'is Cit;y, he being t;he officer .
having charge and control of Lhe cor~st;rucLion of improvements in and
for said City of the kind described in said Reso].ution of Intention and
being a competent person appointed by said City for that purpose;
WHERFAS, this Council thereby directed said Eng:incer of ~,1ork to
make and file with, the City Clerk a repoi°t in writing in accoi°dance
with and pursuant to the P~lunicipal Improvement Act of 1913;
WHFREAS, said report was duly made~and filed with the City Clerk,
uahereiipo~~ said ~Clerk presented it Lo this Council for considcration;
W}-IEREAS, this Council Lhereupon duly consider~d said report and
~ each and every part thereof and found that it contained all the matters
~ and~things called for by the provisions of said Act, including (1).
plans and specifications of the proposed improvements, (2) estimate
of costs, (3) diagram of district, (4) an assessment according to
benefits, and (5) maps and descrip;,ions of lands and e.asements to be
acquired, all of which was done in the form and manner required by
said Act; ~
WHEREAS, said Council found that said report and each and every
part thereof was sufficient in every particular and deLermined tha~ it
should stand as the report for all subsequent proceedir?gs'under said
Act, whereupon said Council, pursuant to tne requirements of said Act,
' appointed Monday, the 7th day of July, 1975, at the hour of 7:30 o'clock
P.M. of said day, in the Council Chambers, 10300 Torre Avenue,
Cupertino, California, as the time and place for hearing protests in
~ relation to said proposed acquisitions and improvements, and directing
the City Clerk to give notice.of said hearing as required by said Act;
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WHEREAS, it appears that notices of said hearing were duly and
regularly posted, mailed and published in the time, form~and manner
required~by said Act, as evidenced by the affidavits and certificates
on file with s.aid City Clerk, whereupon said hearing was duly and
regularly held at the time and place stated in said notice; and
WHEREAS, 0 persons interested, ob~ecting to saj.d acquisi-
tions and improvements, or to the extent of the assessment district,
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or to the proposed assessment or diagram, or to the maps and descrip-
tions, or to the grades at which said work will be done, or to the
Engineer's estimate of the costs and expenses thereof, filed written
protests with the City Clerk at or before the time set for hearing,
and all persons interested desiring to be heard were given an oppor-
tunity to be heard, and all matters and things pertaining to said
acquisitions and improvements were fully heard and considered by this
Council,.and were overruled, and this Council has 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, said Council does hereby FIND, DETERMINE and ~
ORDER, as follows:
1. That the owners of one-half of the area to be assessed for
the cost of~the project did no~, at or prior to the time fixed for
said hearing file written protests against the said proposed acquisi-
tions and improvements as a whole, or against the said district or the
extent thereof to be assessed for the cbsts and expenses of said acqui-
sitions and improvements as a whole, or as to the Engineer's estimate'
of said costs and expenses, or against the maps and descriptions,~or
against the diagram or assessment to pay for the costs and expenses
thereof .
2. That the district benefited by said acquisitions and improve-
ments and to be assessed to pay the costs and expenses thereof, and
the exterior boundaries thereof, are more particularly described in
said Resolution of Intention and made a part hereof by reference there-
to. That all public streets and highways within said assessment dis-
trict in use in the performance of a public f'unction as such shall be
or~itted from said district and from the levy and collection of the.
special taxes to be hereafter levied and collected to cover the costs
'.and expenses of said acquisitions and improvements.
~ 3. That the plans and specifications for the proposed improve-
ments, contained in said report, be, and they are hereby finally ,
adopted and approved as the plans and specifications to which said
work shall be done as called for in said Resolution of Intention.
4. That the Engineer's estimate of the itemized and total costs
and expenses of said acquisitions and improvements, and of the inci-
dental expenses in connection therewith, contained in said report, be,
and it is hereby finally adopted and approved as the Engineer's total ,
and detailed estimate of the costs and expenses of said acquisitions ~
and improvements. "
5. That the maps and descriptions of the lands and easements to
be acquired, as contained in said report, be, and the same are hereby
finally approved and confirmed.
6. That the public interest and convenience require, and said
Council does hereby order the acquisitions and improvements to be made
as described in and in accordance with said Resolution of Intention
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on filE in the office of the City Clerk,reference to which is hereby
made for a more particular description of said acquisitions and im-
provements and also for further particulars pursuant to the provisions
of said Municipal Improvemerit Act of 1913. ~
~ 7. That the diagram showing the assessment district referred to
an d described in said Resolution of Intention, and also the boundaries
and dimensions of the respective subdivisions of land within said dis-
trict as the same existed at the time of the passage of said Resolution
of Intention, each of which subdivisions having been given a separate
~number upon said diagram, as contained in said report, be, and it is
hereby finally approved and confirmed as the diagram of the properties
to be assessed to pay the costs and expenses of said acquisitions and
improvements. ~
8. That_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,
contained in said report, be, and the same is hereby 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 same is hereby
finally adopted and approved as a whole.
10.. That final adoption and approval of the Engineer's Report as
a whole, and of the plans and specifications, estimate of the costs
and expenses, maps and descriptions of the lands and easements to be
. acquired, 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, modif9_ed,
revised or corrected by, or pursuant to and in accordan~ce with any
resolution or order, if any, heretofore duly adopted or made by this ~
Council.~
11. That the City Clerk shall forthwith deliver to the Superin-
tendent of Streets the said assessment, together with said diagram
thereto attached and made a part thereof, as confirmed by this Council,
with his certificate of such confirmation thereto attached and of the
date thereof; and that said Superintendent of Streets shall record said
diagram and assessment 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. ~
12. 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
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to the general delivery when no address so appears, a statement con-
taining 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 failure 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.
13. That said Superintendent of Streets shall also cause Notice
to Pay Assessments to be published in the Cupertino Courier, a news-
paper published and circulated in the City of Cupertino, that said
assessment has been recorded and that all sums assessed thereon are
due and payable immediately and that the payment of said sums is to be
made within thirty (30) days after the date of recording said assess-
ment, which date shall be stated in said notice, and of the fact that
bonds will be issued upon unpaid assessments as above provided. Said
publication shall be made once a week for two successive weeks with at
least five days intervening between the respective publication dates,
not counting such publication dates.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Cupertino this 7th day of July , 1975, by the
following vote:
Vote
Members of the City Council
AYES: Frolich, Meyers, Nellis, Jackson
NOES: None
ABSENT: Sparks
ABSTAIN: None
APPROVED:
M