CC Resolution No. 4144 , • . i i~ . .
' u~ti~JML:KIJ:ra 4/1/76
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RESOLUTION N0. 4144 ~
. A RESOLUTION OF THE CITY COU~ICIL OF THE CITY OF
~ CUPERTINO DETER''~INING TO UNDERTAKE PROCEEDINGS
PURSUANT TO SPFCIAL ASSESSNLDIT AND ASSESSMENT
BOiVD ACTS FOR THE CONSTRUCTION OF IMPROVEMENTS
WITHOUT PROCEEDIiTGS UNDER DIVISION 4 OF THE ~
STREETS AND HIGHWAYS CODE: FELTON ASSESSMENT
DISTRICT PROJECT N0. 75-6 ~
RESOLVED, by theaCity Council of the City of Cupertino,
California, that ,
WHEREAS, all of the owners of more than 60% in area of
' the property subject to assessment therefor have signed and filed
with the City Clerk of this City a written petition for unde~rtaking ~
proceedings pursuant to special assessment and asses"sment bond acts,
and to assess the costs thereo.f upon the properties tienefited by ,
said improvements, and caaiving proceedings under Division 4 of the
Streets and Highways Code, for the improvements in said City as
more particularly hereinafter described; ~
WHEREAS, the costs and expenses of said contemplated improve-
ments are to be chargeable upon an assessment district, ttie exterior
boundaries of which district 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 fo.r further particulars; ~
WHEREAS, the public interest and convenience will be served
by the taking of said proceedings; ~
WHEREAS, said improvements are more particularly described
as follows: ~ .
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(a) The improvement of the entire length of Kirwin
Lane, Felton Way, Blossom Way and Johri Way, to a 40 foot
curb-to-curb paved width or lesser width as deemed necessary
by City Engineers, by grading and the construction therein of base ~
pavement and wearing surface, Portland ceaient concrete curbs
and gutters and such~drainage facilities as may be required. ~
(b) The improvement of the east half of Lonna Way between
Kirwin Lane and McClellan .Road and portions of the~south half
of McClellan Road between De Anza Boulevard and,~Lonna Way to a
twenty foot paved width measured from the center,~line of each
respective street to the curb, with curb and gut:ter on the ~
east side of Lonna Way and the south side of McClellan Road, by ~
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grading andthe construction~therein of ba.se pavement and wear-
ing surface, Portland cement concrete curbs and~gutters and such
drainage facilities as may be required.
(c) The shaping of any slopes abutting the curbs so as
to eliminate any precipitous difference in grade between the
curb and the existing grade. Property disturbed by the construc-
~ tion shall be restored as nearly as possible to its original
condition. ~
(d) The acquisition of all lands and eas'ements and the
construction of all work auxiliary to any of the'~~above and
necessary to complete the same.
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NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED
that all of the owners of nore than 60% of the property subject to
assessment for said proposed improvements have filed with the
Clerk of this City a written petition for the construction of
improvements pursuant to appropriate special assessment and assess-
ment bond acts, without further compliance with the provisions of
Division 4 of the Streets and Highways Code.
- IT IS FURTHER FOUND, DETE~tMZNED and ORDERED, that said
proceedings for the construction of said improvements shall be
had pursuant to the Municipal Improvement Act of 1913, and the
bonds upon the unpaid assessments thereof sha11 be issued pursuant
to the Improvement Bond Act of 19~15.
IT IS FURTHER FOUND, DETERMI'NED and ORDERED, that the provi-
sions of Division 4 of the Streets and Highways Code,be, and they
are hereby dispensed with.
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PASSED AND ADOPTED at a reguLar meeting of the City Council
of the City of Cupertino, this 5th day of Anril , 1976,
by the following vote:
AYES : CounCilmen Frolich, Jackson, Nellis, 0'Keefe, Meyers
~ NOES : Councilmen None
ABSENT: Councilmen None ~ ~ ' ~
ABSTAIN: COUNCILMEN None
APPROVED:
/s/ Robert W. Meyers
` Mayor, City o Cupertino
ATTEST: '
/s/ Wm. E. Ryder
City Clerk ~ .
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