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CC Resolution No. 4304.12 ' : WJML:KIJ:ra 12/15/76 4c ~ . , ~ ~ , ~ RESOLUTION N0. 4304. 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ~ CUPERTINO AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND . ORDERING THE WORK AND ACQUISITIONS NORTH DE ANZA BOULEVARD ASSESSMENT DISTRICT N0. 76-14 RESOLVED, by the City Coun~cil of the City of Cupertino, California, that ~ WHEREAS, on the 2nd day of November, 1976, said Council ~ adopted its Resolution of Intention No. 4304 to acquire and con- struct public improvements in said City, and referred the proposed acquisitions and improvements to the Engineer of Work of said 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, said Council thereby directed said Engineer of Work to make and file with the Clerk of said City a report in wri- ting in accordance with and pursuant to the Munieipal Improvement Act of 1913; WHEREAS, said report was duly made and filed with the Clerk of said City, whereupon said Clerk presented it to the Council for consideration; WHEREAS, said 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) maps and descriptions of lands and easements to be acquired; (1) plans and specifications of the proposed improvements; (2) estimate of costs; (3) diagram of district; and (4) an assess- ment according to benefits, 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 particula'r and deter- mined that it should stand as the report for all subsequent pro- ceedings under said Act, whereupon said Council, pursuant to the requirements of said Act, appointed Monday, the 20th day of Decem- ber, 1976, at the hour of 7:30 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 acqui- sitions.and improvements, and directing the Clerk of said City to give notice of said hearing as required by said Act; 1 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 certificates and affidavits on file with said Clerk, whereupon said hearing was duly and regularly held at the time and place stated in said notice; and WHEREAS, ~ persons interested, objecting to said acquisitions and improvements, or to the extent of the assessment district, or to the proposed assessment or diagram or to the maps and descriptions 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 Clerk of 'said City at or before the time set for hearing, and all persons interested desiring to be heard were given an o.pportunity to be heard, and all matters and things pertaining to said acquisitions and improvements were fully heard and considered by said Council, and were overruled, and said 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 acquisitions and improvements as a whole, or against the said dis- trict or the extent thereof to be asses.sed for the costs and ex- penses of said acquisitions 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 expenses thereof. 2. That the district benefited by said acquisitions and improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof are more particularly described insaid Resolution of Intention and made a part hereof by reference thereto. That all public streets and highways within said assessment district 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 improvements, 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 ~ f ' .I - « „ r -2~ , , r . ~ J . I ~ , r ` fhe incidental expenses in connection therewith, contained in said report, be, and it is hereby, finally adopted and approved ~s 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 ease- ments 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 on file in the office of the City Clerk, reference to which is hereby made for a more particular description of s.aid acquisitions and improvements, 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 bound- aries and dimensions of the respective subdivisions of land within said district 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 benefits 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 hereby, 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 whole. 10. That the Engineer shall forthwith deliver to the Super- intendent of Streets the said assessment, together with said dia- gram thereto attached and made a part thereof, as confirmed by this Council, with his certificate of such..confirmation thereto attached and of the date thereof; and that said Superintendent of Streets shall record said diagram and assessment in his office in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording, and such recordation shall be and constitute the assessment roll herein. . 11. That the Collection Officer, upon the recording of said diagram.and assessment, shall cause to be mailed to each owner of real property within the assessment district at his last known -3- ~i ~ . address as the same appears on the tax rolls of the County 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 to identify the same, the amount of the assessment, the date of recordation of the assessment, the time and place of pay- ment thereof and the effect of failure to pay within such time, together with a statement of the fact that bonds will be issued on the unpaid assessments pursuant to the Improvement Bond Act of 1915. 12. That said Collection Officer shall also cause Notice to Pay Assessments to be published in the Cupertino-Monta Vista Courier, a newspaper published and circulated in said City that said assess- ment 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) days after the date of recording said assessment, which date shall be stated in said notice, the effect of the failure to pay assessments within the 30-day period, and of the fact that bonds will be issued upon unpaid assessments as above provided. Said publication shall be made once a week for two suc- cessive weeks with at least five days intervening between the res- pective publication dates, not counting such publication dates. 13. That final adoption and approval of the Engineer's Report as a.whole, and of the plans and specifications, estimate o.f the costs and expenses, maps an d descriptions of the lands and easements to be acquired, the dia~ram and the assessment, as con- tained in said Report, as hereinabove determined and ordered, is intended to and shall refer and apply to said Report, or any por- tion thereof, as amended, modified, revised or corrected by, or purs.uant to and in accordance with any resolution or order, if any, heretofore duly adopted or made by this Council. ~ ~ ~ ~ ~ . ~ „ , -4- . . 1 . 1,... ~ . . PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of December , 1976, by the following vote: Vote Members of the City Couricil AYE S: Frolich, Jackson, Nellis, 0'Keefe, Meyers , NOES : None . ABSENT: None ABSTAIN : None APPROVED: /s/ Robert W. Meyers ! • Mayor, City of Cupertino ATTEST: /s/ Wm. E. Ryder City Clerk - - 5 -