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CC Resolution No. 3874.2 ~ ~ ' WJML: KJtnh 3-11-75-1c~ . ~ • . ~ RESOLUTION N0. ~g,~~~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CrT?FRTINO ~ OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS ~ VALLCO PARK ASSESSMENT DISTRICT r1o. 1974-3 . RESOLVED, by the City Council of the CiL-y of~Cupertino, Californ:La, that ~ ~ 1. In its opinion the public interest and convenience requ~.re ~ and that it is the intention of said Council to order the following acquisitions and irnprovements, to wit: The construction of an undercrossing beneath Wolfe ~ Road southerly of the overcrossin~ of Interstate 280, together with the acquisition of such public easements . ~ ~ as are necessary to provide public access thereto and all auxiliary acquisi~;ions and VJOT~k (19 d) ~ . ~ 2. To the extent tha.t work, riv~.~hts, i.mprovements or acquisitions ~ indicated in the Engineer's Report, to be. made as provided herein, are ~ shown to be connected to the facilities, works or systems of, or are to be owned, managed and controlled by, any public agency othei° than this entity, or of any public utility, it is the int~ention of the , . legislative body to enter into an agreement or agreements with the public agency or public utility or both pursuant to Chapter 2(com- mencing with Section 10100) of Division 12 of the Streets and Highways Code, which agreement or agre~ments shall provide for the ownershi_p by said agency or utility of such works, rights, improvements or acquisi- tions, and may provide for~ the installation of all or a portion there- ~ of by said agency or utility and for the providing of service to the ' properties in the area benefiting from said work, rights, improvements . or acquisitions by said agency or utility in accordance with its , .rates, rules and regulations, and that said agreement or agreements shall become effective after proceedings have been taken for the levy of the assessments and sale of bonds and funds are available to carry. ~ ~ out the terms of any such agreement or agreements. ' 3• Whenever any public way is herein referred to as running ~ between ttao public ways or from or to any public way, the intersections of the public ways referred to are included to the extent that work shall be shown on the plans to be done the.rein.. ~ Paranthesized 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 Ci~y Council of the City of ~ Cupertino on July 16, 1974. , ' , , . ' . , ' • . ~ ~ ~ . 4. Said streets and highways are more particularly shown in the r~ records in the office cf the County Recorder of Santa Clara County, California, and shall be shown upon the plans herein referred to and to be filed with the City Clerk of this City. , . . . • 5. Al1 of said work and improvements are to be constructed at the places and in the particular~locations, of the forms, sizes, ~ dimensions and materials, and at the lines, grades and elevations as shown and delineated upon the plans, profiles and specifications to be : made therefor, as hereinafter provided. 6. There is to be excepted from the work herein described any of such work already done to line and grade and marked excepted or shown not to be done on said plans, profiles and specifications. 7. Notice is hereby given of the fact that in many cases said worlc and improvement will bring the finished work to a grade different from that formerly existing, and that to said extent said grades are hereby changed and that said work will be done to said changed grades. 8.. Said Council does hereby adopt and establish as the official ~ grades for said work the grades and elevations to be shown upon said ~ plans, profiles and specifications. All such grades and elevations are to be in feet and decimals thereof with reference to the datum plane of the City of Cupertino. 9. In cases where there is any disparity in level or size between the improvements proposed to be made her~~n and pri~ate property and where it is more economical to eliminate such disparity by work on said private property than by adju~tment of the vaork on public~prop- erty, it is hereby determined that it is in the public interest and ~ more economical to do such work on private property to eliminate such disparity. In such cases, said work on private property shall, with the written consent of the owner of said property, be done and the actual cost thereof may be added to the proposed assessment of the lot on which said work is to be done. 10. Notice is hereby given that it is the intention of the Council ~ to consider adoption of an ordinance authorizing contributions by the City from any sources of revenue not otherwise prohibited by law, or any specifi~d amount, portion or percentage of such revenues, for the purpose of acquisition or construction of improvements, the acquisition of interest in real property and the payment of expenses incidental thereto for thE use and benefit of the assessment district, and to consider authorizing application of such revenues as a credit upon the assessment: . ' 11. The descriptions of the acquisitions and improvements and the termini of the work contained in this resolution are generaT in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work and maps and descriptions, as contained in the Engineer's report, shall be control- ~ ling as to the correct and detailed description thereof. . . . . . 2 . ~ ~ - ~ 12. Said contemp.lated acquisitions and improvement~s, in the ,~opinion of said Councll, are of more than local or ordinary public benefit, and the costs and expenses thereof are made~ chargeable upon . , an assessment district, the exterior boundarie.s of which district are the composite and consolidated area of all parcels of property ~ generally in the southwesterly portion of Vallco Park, and more par- ticularly shown on a.map thereof on file in the office of the City Clerk, to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in the proposed district and shall govern for all details ~ as to the extent of the assessment district. . 13. Said Council further declares that all public streets and highways within said assessment district in use in tne performance of ~ • a public function as such shall be omitted from the assessment hereaft:er to be made to cover the costs and expenses of said acquisitions and ~ improvements. 14. Notice is hereby given that serial bonds to represent the unpaid assessments,.and bear interest at the rate of not to exceed eight percent (8~) per annum, will be issued hereunder in the manner provided in the Improvement Bond Act of 1915, Division 10 of the Streerts and Highwa.ys Code, the last installment of which bonds shall mature nc~t .Lo exceed twenty-four (24) years from the second day of July next . succeeding ten months from their date. The provisions of Part 11.1 oi' said Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds, shall apply. ~ 15. Notice is further given that shculd there be publicly-owned ~ operative property within the assessment district, certificates or ~ serial bonds to r~present the unpaid a~ssessments against publicly- owned property in use in the performance of a public function and ~ bear interest at the~ rate of not to exceed eight percent (8~) per annum, will be issued hereunder pursuant to Section 6467 or Chapter 4.5 (conunencing wiLh Section 6468), Part 5, Division 7 of the Streets . . and Highways Code of the State of California, the Improvement Act of 1911, the last installment of which certificates or bonds shall maturF ~ not to exceed twenLy-four (24) years from the second day of June begira- ning with the fiscal year next following the date of the bonds. 16. Except as herein•otherwise provided for the issuance of bonds, all of said improvements.shalltbe done pursuant to the provisions of the Municipal Improvement Act of 1913. : 17. Reference is hereby made to proceedings had pursuant to Division 4 of the Streets and Highways Code on file in the office of ' the City Clerk. . , . 18. Said proposed acquisitions and improvements are hereby ~ referred to the Engineer of Work, being a competent person employed by~ said City for that"purpose; and said Engineer is hereby directed to make and file with the City Clerk a report in writing, presenting the foll~owing: . 3 . . . . . . . - ~ . . . , , ~ , . ~ - ~ ' ~ a) ~Maps and description of the lands and easements to be . ~ acquired; ~ • b) Plans and specifications of the proposed improvements to be made pursuant to this Resolution of~Intention; ~ c) Engineer's statement of the'itemized and total esti- mated costs and expenses of said acquisitioris and ~mprovements and of the incidental expenses in connection~therewith; ~ d) Diagram showing the assessment district above referred to, and also the boundaries and dimensions.of the respective subdivi- sions of land within said district as the same existed at the time of the passage of this Resolution of Intention, each of which subdivisions shall be given a separate number upon said diagram; e) A proposed 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 such subdivisions, respectively, ~ from said acquisitions and improvements, and of the expenses incidental thereto. , When any portion or percentage of the cost and expenses of the acquisitions and improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of said acquisi- tions and improvements; and said assessment sha.l]_ inc].ude only the remainder of the estimated cost and experises. Said assessment shall refer to said subdivisions by the~r respective numbers as assigned~ pursuant to subdiv~sion (d) of tr~is section. 19. Notice is hereby given that in the opinion of the Council, the public interest will not be served by allowing the property owners to take the contract for the construction of the improvements and that, pursuant to Section 10502.4 of the Sti~eets and Hi~hways Code, no notice of award of contract shall be published. 20. If any excess shall be realized from the assessment it shall be used, in such amounts as the Council may determine, in accordance with the provisions of law, for one or more of~the following purposes: ~ a) Transfer to the~general fund of the City, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or 5~ of the total amount expended from the improvement fund; b) As a credit upon the assessment and any supplemental assessment; or c) For the maintenance of the improvements. ~ 4 ' ' ' , _ _ ~ , -n • . ~l: . . ~ ' _ ~ PASS~D AND ADOPTED at a regular meetin~ of the City Council of ~ the City of Cupertino this 17th day of March , 1975, by ~the following vote: 1~YES : Councilmen Frolich, Meyers, Sparks ~ . . NOES: Councilmen - Nellis, Jackson ABSENT: Councilmen - None ~ ~ APPROVED: /s/ James E. Jackson ~ Mayor ~ ATTEST: ~ ~ ~ /s/ Wm. E. Ryder . City Clerk ~ , .