CC Resolution No. 4861
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RESOLUTION N0. 4861
A RESOLUTION OF INTENTION FOR FORMATION OF
BANDLEY MAINTENANCE DISTRICT
RESOLVED, by the City Council of the City of Cupertino,
California, as follows:
1. All of the owners of more than 60$ in area of the property
subject to be assessed therefor have signed and filed with the Clerk
of this City a written petition for undertaking proceedings to form
a maintenance district pursuant to Chapter 26 (commencing with
Section 5820), Part 3, Division 7 of the Streets and Highways Code
(the Improvement Act of 1911) of the State of California, as
authorized by Sections 10107 and 10108 of said Code, for the purpose
of providing within and for said lands, maintenance and operation of
improvements hereinafter described, and to assess the costs thereof
upon the properties benefited by said maintenance and operation and
that a maximum property tax rate be established within said
maintenance district, unless otherwise modified pursuant to law, in
an amount not to exceed One Dollar and Twenty Five Cents ($1.25) per
One Hundred Dollars ($100) assessed valuation pursuant to Section
2263.2 of the Revenue and Taxation Code of the State of California.
2. In the opinion of this Council, the public interest and
convenience requice, and it is the intention of said Council to
order the formation of a maintenance district in a portion of said
Ci,ty to be designated "Bandley Maintenance District", by which
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. name it ehall dereafter ~e referred to in all subsequent
proceedinqa, including proceedings for the levy and eollection of
taxes.
3.Said maintenance.district, and the boundacies thereof,
benefited and to be asnessed for the malntenance and operation of
the improvementa hereinafter referred to, are aituate in the County
o~Santa Clara, State of Califarnia, and are particulazly desczibed
in Ezdibit "A" hereto attached and by reference incorporeted herein.
i. It is ordered that the ezpensas of maintaininq and
TC oparatinq all walkwaye, crosswalks, lencea, aafeey zones, platforms,
1, steps, stairwaya, fountaina, signa, park and pazkways, cetaining
2 walla, and embankmenis, end nll structure' or other facilitiea
necessary foc park and perkway purpoeea, drainage facilitiesi poles,
3 poets, wires, pipes, eonduits, tunnels, lamps and other suitable or
necesaary eppliances Eor the purpose o! lighting streets, places or ~
4~ pu611c waysj water maine and sprinkler systemsr and ornemental ~
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planttng, ineluding lawna, shrubs and trees; all ae nor+ existing or
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S. hereaftez to be conatructed in or for said maintenance diatrict, and ,
of benefit to aaid maintenance diatrict, but not to the City o! '
TC Cupertino ae n wholet including the coat of necessary repaira, !
replacements, fuel, power, electric current, care, aupervision, and I
any end all other itema neceesary for the proper maintenance and
2' operation thereof, ahall be asaessed u
pon the real property lying
within said maintenance diatzict above described. Mnicn atacricc
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eaid Councll hereby preliminarily determines vill be the distzict
benefited by the maintenanoe and operation of said improvements.
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5. 11 maximum property taz cate shall be eatablished pureuant
to Section 2263.2 of the Revenue and Taxation Code oE the State of
Californie to pay said expenaes, unleas othezwiae modified pursuant
to law, in an emount not to ezceed One Dollar and Twenty Fine Cents
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that the apecial asaessment tax to be levied and collected in the
aame tima and manner aa the general tax levy tor City purposes and
; when wlleeted be paid into the City Tzesaury to the credit of the
lund of the maintenance diatrict and be used for tde payment of the
e~ennea of such district.
i 6. Notice is heteby given that Nonday, the_ Sch day of
~ l~bnury , 1979, at the hour o! 7:30 o'clock P.M. at the
~ regular meetin9 plsca o! tdia Council, at the City Hall, 10300 Torre
avenue, Cupertino, California, 95014 is hereby fi:ed as the time and
place rhen and where any and all peraons intereated having
objections thereto may make objection to the formation ot said
_ maintenance diatriat ot the e:tent thereof, or both, may appear
betore said Council and show cause why the formation of aald
proposed maintenance district ahould not be cerried out Sn
accordance wiGh tAis Resolution ot Sn~ention.
7. The Clerk of said City is hereby directed to cauae to be
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mailed, postage prepaid, notices of tde edoption of thia Resolution
of Intention to all persone ovning ceal property proposed to be
essesaed whooe names and nddcesees appear on [he last equalized
asses~ement roll prior thereto, at the addreseea aa shovn upon the
roll ot aa known to said Clerk, and of the tranafereea o! any auch
peraona aa tbeir namee end eddresaes appear on the reeorda in the
, Assessor's office which will be used to prepare the nezt ensuing
roll, and to all persons, inclading those whoee pcoperty is aasesaed
' by the.State, undec_Section 19 of Article XIII o! the California
Conatitution, who filed with the Aaaeeeor for the current fiscal
~ year, etatements of name and address and e request that notices be
mailed to them at sald address or vhose addreas is ahown upon the
last Board roll transmitted to the County Auditor, aaid mailing to
be completed not later than tventy (201 daya prior co the date
hetein fixed for hearing.
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' 8. The Clerk of said City Sa hereby directed to cauae to be
' ~ conapicuously po~ted alonq the linea of the propoaed maintenance
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district, and on all open stzeets within said district, at not more
I than 300 feet in distance apart, and not leas than three in all,
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notices of the passage ot this Resolution, which notices shall be
entitlad, •Notice of Proposed Formation oP Naintenance District', in
letters not lees than one inch in heighGi and ahsll in legible
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cdaracters, etate the lact and date ot passage oE the Reeolution o!
TO Intention and the time and place set foc the hearing oE pcoteats,
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, briefly deaczibe the improoementa and facilities proposed to be
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maintained and operated, the maximum property tax rate to be
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I, established to pay the expenae¦ of said maintenance and operation,
I and ceter to the Resolution of Intention for furthet pnrticulara.
3.
Said poatinq ehall be fully completed at leart twenty (20) daya
I 4 pzior to the date tixed !or aaid hearing.
9. The Clerk o! said City ahall cause a notice aimilar in
' form to the notice to be posted, to be published once a week for two
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, sueceasive weeks, with at leaet five daya interoening between the ~
respeetine publicetion datea nat counting such publieation dates, in
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' the Cupertino Courier, a newepapet of general circulation published
' in the City of Cupertino, the first publicstlon of which ahall be at
' 2 lesat trenty (20) days prior to the date fized for said hearing.
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~ PASSED AND ADOpTED at a reqular m~etinq o! tha City Council
of tha City ot Cupartlao this iBcA day o! D•e~mb~r , 1g8 ,
by ths follovinq vote:
Vote M~mbar~ oi th~ Citv Council ~
AYLS= llq~n, io{ars, Sparb, Jaekaon I
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7188ENTt 0'tat~ ' I
I 1185TUNt ]bna
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1. APFROVEDt
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