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CC Resolution No. 4144.02 E_ WTa~: RI.T : V •~F-1-76-2 , . , . RESOLUTION N0. 4144:2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ~ ' CUPERTINO OF INTENTION TO CONSTRUCT IMPROVEMENTS FELT.ON ASSESSMENT DISTRICT PROJECT N0. 75-6 RESOLVED, by the City Council of the City of Cupertino, California, that . 1. In its opinion the public interest and convenience require and that it is the intention of said Council to order ~ the improvements in and for said City as hereinafter described. 2. Whenever any public way is herein referred to as running between two 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 therein. ~ 3. Said streets and highways-are more particularly shown . in the records in the office of the County Recorder of the ~ _..County of Santa Clara, California, and shall be showa upon the . plans herein referred to and to be filed with the City Clerk of said City. 4. AI1~ of said work and improvemerits are to be con- structed 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. 5. There is to be excepted from the.work herein des- cribed 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. 6. Notice is hereby given of the fact that in many,~ ~ cases said work 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. 7. Said improvements are as follows, to wit: ~ • ` I (a) The improvement of the entire length of Kirwin Lane, Felton Way, Blossom Way and John 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 cement 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 gutter on the ~ east.side of Lonna Way and the south side of McCl.ellan Road; by grading and the construction~:therein of base pavement and wear- ing surface, Portland cement concrete.curbs and gutters and sucli . 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 exis.ting 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 easements and the ~ construction of all work auxiliary to any of the above and ~ necessary to complete the same. -2- ; f•- „ . . . ' 8. Said Counczl does hereby adopt and estaolish as the official gra~es for said wor'~ the grades and eleva~ions to be sho~v-n upon the plans, pro`iles and specific~tior~s. All such grades and elevations are to be in feet anZ decimals there- of with reference to the datum plane of the City of Cuper~ino. 9. Said Council further declares that a11 public streets and highways within said assessment district in use in the performance of a public function as such shall be omitted from the assess~ent hereafter to be made to cover the costs and expenses of said acquisitions and improvements. 10. In cases where there is any disparity in level or size between the improvements proposed to be made~herein and private property and where it is more economical to eliminate such disparity by work on said private property than by adjust- ment of the work on public property, 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. 11. 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 other- wise prohibited by Iaw, or any specified 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. ~ I2. The descriptions of the improvements and the termini of the work contained in this resolution are general 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 controlling as to the correct and detailed description ,thereof. -3- 13. The City of Cupertino will contribute the cost of 24 feet of the pavement construction, storm drainage facilities, and engineering and inspection costs, and the balance of the costs and expenses of said acquisitions and improvements, to- gether with the expenses incidental thereto are made chargeable upon an assessment district, the exterior boundaries of which are the composite and consolidated area of all parcels of property more particularly shown on a map thereof on file in the office of the City Clerk. 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. ~ ~4. Notice is hereby given that serial bonds to represent the~unpaid assessments and bear interest at the rate of not to exceed eight percent~(~%) per:annum, will be issued ~ hereunder in the ma.nner provided in the Improvement Bond Act ~ of 1915; Division 10 of the Streets and Highwa~s Code, the last installment of which bonds shall mature not to exceed fourteen (14) years from the second day of July next succeeding ten . months from their date. The provisions of Part 11.1 of said Act, providing an alternative procedure for the advance pay- ment of assessments and the calling of bonds, shall apply, . 15. Except as herein otherwise provided for~the issu- ance of bonds, all of said improvements shall be done pursuant to the provisions of the Municipal Improvement Act of 1913. lb. Reference is h.ereby made to the proceedings had pursuant to Division 4 of the Streets and Highways Code on file in the office of the City Clerk. 1Z. Said proposed improvements are hereby referred to the Director of Public.Works, being a competent person employed by said City for that purpose; and said Director of Public Works is hereby directed to make and file.~with the Clerk•~of said City a report in writing, presenting the fol.lowing: ' a) Plans and specifications of the proposed improvements to~be made pursuant to this Resolution of In- ~ tention; b) Engineer's statement of the itemized and total estimated costs and expenses of said improvements and of the incidental expenses in connection therewith; ~ c) Diagram showing the assessment district above referred to, and also the boundaries and dimensions of the respective subdivisions 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; ~ -4- ; T; ' , . - r . ~ ~ d) A proposed assessment of the total amount of the costs~and expenses of the proposed improvements upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by such subdivisions, re- spectively, from said improvements, and of the expenses inci- dental thereto; e) Maps and descriptions of the lands and easements ~ to be acquired. ~ When any portion or percentage of the cost and expenses of the 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 ex- penses of said improvemerits, and.~said assessment shall include only the~remainder of the:estimated cost and expenses. Said . assessment shall refer to said subdivisions by their respec- tive~numbers as assigned pursuant to subdivision (c) of this. section. . . 18. Notice~is hereby given that in the~o,pinion~ 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 Sect'ion 10502.4 of the ~ Streets and Highways Code, no notice of.award of contract shall be published. 14. If any excess shall be realized from the assessment, it shall be used, in such a.mounts 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, pro- vided that the amount of any such transfer shall not exceed . the lesser of $1,000 or 5°!0 of the total amount expended from the improvement fund; b) As a credit upon the assessment and any supple- mental assessment; or c) For the maintenance of the improvements. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ -5- . . ~ ~ . - . ~ PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino, this 5th day of ~rll , 1976, by the following vote: AYES : Councilmetl 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 Cler . , , -6- ~ ~ . _ , . ~ ,