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CC Resolution No. 3874.8 ~ WJ1~11,:K,Jrnh G-.?.'~~-'15-1:? ~ 1~h;S01,U`1'ION N0. 3874.8 A RESOLU`l'.LON l1Nll 1~1~nRR Ol+' '1')iE Cl`1'Y COUNCtL OF TI~E C1:TY Or' CUPI~It'l'.I:fJO AllOY'1']~NU 1.NG CI~1~ r;l~' S lii~;i'OR'r, (;01~lT~'TI~I'~7:ItJG '.['llh: ~1SSl;SSMI~;NT /1ND OIZD}~;li1I~G '1'lih; l~JOIiK nr~n AC(~UlSI'.l'IONS FOR VALLCO PARK ASSF SSf~9h:NT DZSTRICT N0. 19'l~a-3 13]~:SC~I~VF.D, by the City Cc~unei.l of Lhe City of Cuperi;ino, • Cali foi~ni a, Lhat . wj~rt~r;AS, on Mai~ch 1`j, 1975, t;his Council adopted its Resolution of Int;ention No. 3874.2 to acc~ui.re and construc~ p~.:blic improvemenl;s in the City of CuperL:ino, and refcrred Lhe pro~~osed acquisiLions and improve?nenLs Lc the F:n~;i.ncer of W~rk of t;his CiLy, he being the officer having cnar~e and cocitrol of the construction of improvements in and for said City of the kind described in said Resolution of Intention and b~ing a cornpetent person appointed by said City for that purpose; WI~F.PF!~S, this Council Lhereby directed said Engineer of Work to ~riake and file with the City Clerk a report in writing in accordance with and pursuant to the Municipal Improvement Act of 1913; WI~F'REAS, said report was duly made and filed with the City Clerk:, ~ whereupon said Clerk presei7Led it to this Council for consideration; W1~ERrAS, this Council Lhereupon duly considered said report and each and every part thereof and found that it contained all the matLe~rs and things called for by the pr~ovisions 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 descriptions of lands and easements to be acquired, all of which was done in the form and manner required by said Act; ~ ~ WHER~;AS, said Council found that said report and each and every part thereof was sufficient in every particular and determined that.'Lt should stand as the report for all subsequent proceedings under said Act, whereupon said Council, pursuant to the requirements of said Ac~;, appointed Monday, the 7th day of July, 1975, at the hour of 7:30 o'c:Lock 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 acquis:.tions and improvements, and directi~zg the City Clerk to give notice.of said hearing as required by said Ac't; 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 said 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~jecting to said acquisi- tions and improvements, or to the extent of the assessment district, ~ ' . ' L~ 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 not, 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 thereo~ to be assessed for the costs and expenses of said acqui- sitions and improvements as a whole, or as to the E~i~ineer'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 function as such shall be omitted 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 accordar.ce. with said Resolution of Intention 2 , , • J 1 , on file in the office of the City Clerk,reference to which is hereby made i'or a more particular description of said acquisitions and im- provements and also for further particulars pursuant to the provisions of said Municipal Improvement Act of 1913. 7. That the diagram showing the assessment district referred to and 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 b~enefits 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 herebjt~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 w:iole. ~ 10. That final adoption and approval of the Engineer's Report ~~s ~ 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 an d ordered, is intended to and shall refei~ ~ and apply to sa~d Report, or any portion thereof, as amended, modifie~d, revised or corrected by, or purGuant to and in accordance 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 Counc:Ll, with his certificate of such confirmation thereto attached and of thE~ date thereof; and that said Superintendent of Streets shall record s~~id diagram and assessment in his office in a suitable book to be kept f~~r 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 tYie City Clerk, or to both addresses if said address is not th~ same, or . 3 ~6 r r' 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 j.dentify 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 st2tement 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) d~.ys after the date of recording said assess- ment, which date shall be stated in said notice, a;~~d of the fact that bonds will bP 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 AYE S: Frolich, Meyers, Nellis, Jackson - NOES : None ABSENT : Sparks ABSTAIN : None APPROVED: ~ ATTEST: or, City~o er no ~ ~ City Clerk , 4 .