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CC Resolution No. 3874 . . 1 WJML:KJmh 3-11-75-10 RESOLUTION N0. 3874 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSN~NT BOND ACTS FOR THE ACQUISITION~ AND CONSTRUCTION OF IMPROVEMENTS WITHOUT PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE ' VALLCO PARK ASSESSMFNT DISTRICT No. 1974-3 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 prop- erty sub,ject 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 Streets and Highways Code, for the following described acquisitions and improvements: The construction of an undercrossing beneath Wolfe Road southerly of the overcrossing of Interstate 280, together with the acquisition of such public easements as are necessary to provide public access thereto and all • auxiliary acquisitions and work (19 d)*; WHEREAS., the costs and expenses of said contemplated acquisitlons 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 sub~ect 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 Highways Code. ~ * Parerithesized 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 City of Cupertino on July 16, 1974. % IT IS FURTHER FOUND, DETERMINED and ORDERED that said proceedings for the acquisit.ion and construction of said improvements shall be had r pursuant to the Municipal Improvement Act of 1913 and the bonds upon the unpaid assessments thereof shall be issued pursuant to the Improve- ment Bond Act of 1.915. 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 17th day of March , 1975, by the . following vote: AYES : Councilmen - Frolich, Meyers, Sparks NOES : CounCilmeri - Nellis, Jackson ABSENT: Councilmen - ~ None APPROVED: /s/ James E. Jackson , _ Mayor ATTEST: /s/ Wm. E. Ryder . City Clerk. ~ 2 ~