CC Resolution No. 3875.08 ~ WJML:KJmh b-25-75-12
~ ~ RESOLUTION N0. 3875•8
A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE
CITY OF CUPERTINO ADOPTING ENGINEER'S REPORT,
CONFIRMING THE ASSESSN~NT AND ORDERING THE WORK
AND ACQUISITIONS FOR VALLCO PARK ASSESSMENT DISTRICT
~NO. 1974-4 ~
~ RESOLVED, by the City Council of the City of Cupertino,
~ California, that
WHEREAS, on March 17, 1975, this Council adopted its Resolution
of Intention No. 3875.2 to acquire and construct public improvements
in the City of Cupertino, and referred the proposed acquisitions and
improvements to the Engineer of Work of t~is City, he being the officer
having charge and control of the construction of improvements in and
for said City of the kind described in said Resolution of Intention and
being a competent person appointed by said City for that purpose; .
WHEREAS, this Council thereby directed said Engineer of Work to
make and file with•the City Clerk a report in writing in accordance
with and pursuant to the Municipal Improvement Act of 1913;
WHEREAS, said report was duly made and filed with the City Clerk,
whereupon said Clerk presented it to this.Council for consideration;
WHEREAS, this Council thereupon duly considered 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,~(~~+)~~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; ~
~ WHEREAS, said Council found that said report and each and every
part thereof was sufficient in every particular and determined that it
~ should stand as the report for all subsequent proceedings under said
Act, whereupon said Council, pursuant to the 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 he aring as required by said Act;.
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, p persons interested, ob~ecting to said acquisi-
tions a:nd improvements, or ~o the extent of the assessment district,
~
or to the proposed ass~ssment or diagram, or to the maps and descrip-
tions, or to the grades at which said work wi11 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 hearcl, and all matters and things pertaining to said ~
acquisitions and improvements were fully heard and considered by this
Council, ar?d 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 ou~ners 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 thereof to be assessed for the costs 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 ex~enses
thereof.
2. That the district benefited by said acquisitions and improve-
ments and to be ~.ssessed 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 street.s.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 whioh 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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