CC Resolution No. 4144.09 • WJ~4L:lC:[J;pn (~/:1.5/'76
~
• , .
~
, RESOLUTION N0. 4144,9
a
. A~.~SOLUTION ~ND ORllLR OF THE CITY COUNCIL OF TH~
CITY OF CUPERTINO ADOPTING ENGTNLER'S 1~,EPORT,
CONFIRn9TNG THE ASSESSM~NT AND ORD]sRiNG TH~ WORK
FEL'1'ON ASSESSMENT DISTRICT N0. ?5-6 '
RESOLVED, by the Cii;y Council o~ the City of Cupertino,
California, that ~
~VHEREAS, on April 5, 1976, this Council adopted its Resolul;ion ~
of Intention No. 4144..2 to cons~;ruct public improvem~ni:s in the
Ci1;y of Cupertino, and re~ferred the proposed improvemen~:s to ~the
Engineer of ~1'ork of this City, he bea.ng the oTfic~r having charge
and control of the construction o~ a.mprovements in and ~or said
Cii;y of the kind described in said Resolution o~ Ini;ention and
being a competent person appointed by said City :for ~;hat purpose;
~VHEREAS, this Council thereby directed said ~ngineer .of ~Vork
to make and lile with the City Clerk a report in writing a.n accor-
dance with and pursuant to the Municipal Improvement Act of 1913;
~ ~
~vHERrAS, said report was duly made and ~iled with ~;he City
Clerk, whereupon said Clerk presented it to this ~Counci.l ~or
consideration;
~ ~ ~WHEREAS, this Council thereupon duly considered said report
and each and every part thereof and found~that it conl;ained all
~ the matters and things called for by the provisions of said Act,
including (1) plans and specifications of the propos~d improvem~n~;s,
•(2) estimate of costs~, (3) diagram of district, (4) an assessment
according to benefits, and (5) maps and descripi:ions of lands and
easements to be.acquired,,all of which was done in th~ ~orm and
manner required by said Act; ~
~VH~REAS, 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 ~or all subsequent proceedings
under said Act, whereupon said Council, pursuant,to the requirements
~ of said Act, appointed Monday, the 21st day o~ June, 1976, at the
hour of 7:30 o'clock P.M, of said day, in the Council Chambers,
10300 Torre Avenue, Cupertino, Cali.fornia, as i;he time and place
for hearing protests in relation to said proposed iml~rovem~nts,
and directing the City Clerk to give notice of said hearing as
required by said Act;
WHEREAS, it appears that notices o~ said hearing were duly
and regularly posted, mailed and published in the time, ~orm 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
. ~
jh'Ii]~12rAS, 3 persons interesi;~d, objecting to saa.d
improvements, or to the extent of the assessment district, or ~;o
~;he proposed assessm~nt or diagram, or i;o the maps and descrip~;ions,
or to ~;he grades at which said work will be done, or to the Engine~r's
estimate of the costs and exp~nses thereof, filed written protests
wi~;h the City Clerk at or betore the time set for hearing, and a].1
p~rsons interested desiring to be heard ~vere given an opportuni~:y
to be h~ard, and all matters and things pertaining to said improve-
ments ~v~re :fully heard and ~onsidered by this Council, and ~vere
, overruled, and this Council has acquire'd jurisdiction ~o order said
.improvements and the confirmation of said diagram and assessment
to p ay the costs and expenses thereof;
NOW, THEREFORE, said Council does hereby FIND, Dl~~l'ERA4INE and
ORDER, as ~ollows: ,
1. That the o~vners 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 pro~:ests against the said proposed
improvements as a whole, or against the said district or the'
extent thereof to be assessed for the costs and e~penses o:f said
~~improvements as a whole, or as to the Engineer's estimate~o~ said
costs and ~xpenses, or against the maps and descriptions, or against
the diagram or assessment to p ay for the costs and expenses i;hereof.
2. That the district benefited by said improvem~nts and to
be assessed to pay the costs and expenses thereof, and the ~x~;erior
boundaries thereof,.are more particularly described in said Resolu-
tion of Intention and made a part hereof by refeience thereto.
That all public streets and highways within said ass~ssment di.strict
in use in the performance of a public runction as such sha].1 be
omitted from said district and from the levy and coll~ction of the
special taxes to be her~a~ter levied and collected to cover the
costs and expenses of said improvements.
3. That the plans and specifications for the proposed improve-
ments contained in said report be, and they are hereby, ~inally
adopted and approved as the plans~and specifications to. which said
work shall be done as called for in said Resolution of Int~ntion.
4. That the Engineer's estimate of the itemized and total
costs and expenses of said improvemen~:s, and of the incidental
expenses in connection therewith, contained in said report be, and
it is hereby, ~inally adopted and approved as the Engineer's total
and detailed estimate of the costs and expenses qf said improvem~nts.
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 improvements to be made as described
in and in accordance with said Resolution of Intention on ~ile in
the office of the City Clerk, reference to which is hereby made for
2
.
.
a more particular description o~ said improvements and also :f:or
turth~r particulars pursuant to i;he provisions o~ said Munic:ipa~.
Improvement Act of 1913.
7. That the diagram showing the assessment district re:fcrred
to and described in said Reso].ution of Intention,~.and also ~th~
boundaries and dimensions o~ the respec~;ive subdivisions of '.land
within said district as tlie same exist~d at the t~me o~ th~~passag~
of said Resolution of Intention, each of ~vhich subdivisa.ons }iav~.ng
been given a separate number upon said diagram as containe~d 9.n
said report.be, and it is h~xeby, finally approved and coni:irmed
as the diagram of the properties to be assessed to pay i;he co'sts
and expenses o~ said improvements.
8. That the~assessment of the total amount of the costs and
eYpenses of the proposed.improvements upon the several subdivisions
of land in Said dis~;rict in proportion to the estimated bene.fii;s
to~be received by said subdivisions, respectively', from said
improvements, and of the expenses incidental thereto con~:ained in
said report be., and the same is hereby, finally approv~d and con-
iir?ned as the assessment to pay the costs and expens~s of said
~~improvements. •
9. That said Engineer's report be, and the;same is hereUy,
~inally adopted and approved as a whole. ' ~
10. That ~inal adoption and approval of ~;he Engineer's R~port
as a~vhole, and of the plans and specifications, estimate o~ ~;he
costs and eYpenses, maps and descriptions of the lands and easements
to be acquired, the diagiam and the assessment, as contained in
said Report, as hereinabove deterinined.and ordered, is intended to
and shall rerer and apply to said Repo~t, or any portion thereof,
as amended, modi~ied, revised or corrected by, or pursuant i;o and
in accordance with any resolution or order,.if~any, heretofore duly
adopted or made by this Council.
11. That the City Clerk shall ~orthwith deliver to the Superin-
t~ndent of Streets the said assessment, together~~vith said diagram
thereto attached and made a part thereof, as confirmed by this Council,
~vith his cer~;ificate of such con~irmation thereto attached ~.nd of the
date thereof; and that said Superintendent of Streei;s shall record
said diagram and assessment in his office in a suitable Uook to be
kept ~or 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 o~vner of real
property within the assessment district at his last known address
as ~;he same appears on the tax rolls of the City or on file in the
office of the City Clerk, or to both addresses if said address is
not the same, or to the general delivery when no address so appears,.
a statement containing a designation by street number or other
description of the property assessed sufficient to enable the owner
3 .
Y
• ~ •
~
to identi:fy the same, the amount of the assessment, the t~.m~ and
p].ace of payment ~:hereoT, the e:f:fect of ~a9.lure i:o pay wi~:h9.n such
time, and a stal;ement o~f the ~act that bonds wi11'be issued on ~he
unpaid assessmen~:s pursuant to the Improvement Bond Act o~ J.915.
13. That 5aid Superintendent~of Streets shall also cause
Notice to Pay ~r,sessments to be published in 1;he Cupertino Courier, •
a ne~vspaper publa.shed and circulated in the Cii:y o~ Cupertino, i;hat
said assessment has been recorded and that all sums assessed ~h~r~on
are due and payaUle immediately arid that the payment of said sums
is to be made within thirty (30) days ar~er the date o~ recordi.ng
said assessment, ~vhich date shall be stated in said notice, and of
~;he lact that bonds will be issued upon unpaid assessm~nts as above
~ provided. Said publication shall, be made once a week fo~r t~vo
successive weeks with at least five days intervening bei;~veen'the
respective publication dates, not counting such publication dai;es.
PASSED AND ADOPTED at a regular meeting of the Ca.ty Council of
the City of Cupertino this 21st day of June , 1976; Uy the
following vote:
~ Vote Members of the City Council ,
AYE S: Frolich, Jackson, Nellis, Meyers ,
NOES : 0'Keefe~
ABSENT : None
~ ABSTAIN: None
~ APPROVED : .
/s/ Robert W. Meyers
-Aiayor, City of Cupertino
ATTEST:
/s/~ Ellen Pagnini
Deputy City Clerk
4