CC Resolution No. 122RESOLUTION NO. 122
RESOLUTION OF THE CITY OF CUPERTINO, S °'!JE OF CALIFORNIA, GRANTING CONSENT TO
CUPERTINO SANITARY DISTRICT OF SANTA CIS COUNTY 14ITH RESPECT TO LOCJ L IlYTROVE_
PANT DISTRICT N0. 4.
WHE:2EAS, the Board of Directors of Cupertino Sanitary District has filed
a resolution with this City Council for the construction of certain improvements,
more particularly described in said Resolution; and
WHERE.;S, a portion of said work will be done in streets, highways, and
public places over which this City has jurisdiction; and
WHEREAS, the public interest and general welfare will be served by
undertaking and completing said project;
NOW, THEREFORE, IT IS ORWAUD AS FOLLOWS:
1. That consent be, and the same is hereby granted to said Cupertino Sanitary
District (Local Improvement District No. 4) to construct said improvements as
described in said Resolution, and to the levy and collection of assessments in
whole or in part upon the lands and lots benefited by the construction of said
sewage collection system.
2. That consent be, and the same is hereby granted to said Cupertino Sanitary
District (Local Improvement District No. 4) to open all such public streets,
roads, highways, and public places as are under the jurisdiction of said City,
and as are required for the construction of said improvements. All work per-
taining to said project shall be done under the direction of the Engineer of
said District and to the satisfaction of the City Engineer of the City of
Cupertino, and in conformity with good engineering practice. Said Engineer
of said District shall require of the contractor that all of the provisions of
the specifications are complied with by the contractor, to the end that no
greater amount of ditches are open at any time than is necessary, that they
shall be adequately lighted and barricaded, and that they shall be promptly
backfi.11ed, and that the pavement shall be ressbored with materials of like
quality and character as those existing; therein at the time of such work, and
to its former condition and state of usefulness as nearly as may be, and in
conformity with City Ordinances esta.bli sh(.d therefor.
The Cupertino Sanitary District (Local Improvement District No. 4)
will idemnify and hold harmless the City of Cupertino, State of California,
its officers and employees from all suits and actions of every name and des-
cription brought for or on account of any damages or injuries received or sus-
tained by any person or persons, by or from the contractor, his servants or
agents, in the construction of the work or by or in consequence of any negligence
in guarding and warning of the same, in improper materials used in its con-
struction, or on account of any act or ommission of the contractor or his agents
or employees.
3. That the City Clerk be, and he is hereby directed to file with the Sec-
retary of the Board of Directors of Cupertino Sanitary District a certified
copy of this Resolution.
PASSED AND !MPTED, by the City Council of the City of Cupertino, State
of California, this 2nd day of February, 1959, by the following vote:
AYES: Councilmen, Lazaneo, Nathansoh Pelosi, Saich, Wilson
NU'S: Councilmen, None
ABSENT: Councilmen, None
tittest :
/s/ Lawrence K. Martin
Isl N. J. N athanson
Mayor, City of Cupertino
City Clerk
RESOLUTION NO. 73.14
A RESOLUTION REQUESTING CONSENT OF THE CITY OF CUPERTINO FOR THE CONSTRUCTION
OF SANIT.&RY SEWER IdAINS IN CITY STRE:_TS M FOR CONSENT TO THE WORK AND FOR -
14ATION OF LOCAL I1.IPROMENT DISTRICT NO. 4 OF CUPERTINO SidiITAXI DISTRICT.
WHEREAS, the County Health Officer of the County of Santa Clara, State
of California, has recommended in writing to the District Board of Cupertino
Sanitary District of Santa Clara Country that said Board institute proceedings
for construction of a sanitary sewer system as a necessary health measure with-
in that certain described area as more particularly set forth in Resolution
No. 73.10 of said District Board; and
WHERE0, said recommendation has been spread upon the Minutbs of said
District Board, and such necessity for such proceedings and the construction
thereunder of such sanitary sewer system as a health mE.psure for said area
as recommended by said Health Officier has been found to exist by Resolution
of said District Board adopted by unanimous vote of the members thereof; and
pursuant to Division 6, Part 1, Chapter 4 of the Health and Safety Code, and
Division 7 of the Streets and Highways Code of the State of California, said
District Board has instituted proceedings for such construction, the cost
thereto to be assessed upon the lots a:ndlands benefited thereby lying within
assessment district to be established in said proceedings, with bonds to be
issued to represent unpaid assessments as provided therein, said proceedings
being designated therein as LOCAL DIPROVEMENT DISTRICT NO. 4 of Cupertino
Sanitary District; and
WHEREAS, plans and specifications for such construction are being pre-
pared by the District Engineer of said District pursuant to directions of said
District Board, and a description of tine exterior boundaries of said assess-
ment district have been approved by said District Board, and said District
Board is about to adopt its Resolution of Intention to said work of construc-
tion and to establish said assessment district described therein; and
WHEREji.S, Section 6540 of the Health and Safety Code provides that said
District Board may order the construction of sanitary sewers and appurtenances
in the whole or any portiin of any of - the streets, highways, or public places
of said Sanitary District, or in property or in rights of way owned by said
District, provided that said District shall first obtain the consent to said
work and the assumption of jurisdiction thereover from the legislative bod5l
having jurisdiction of the territory within which any of the proposed work is
to be done;
NOW, THEREFORE, BE IT RESOLVED that the City Council of said City of
Cupertino is hereby requestbd to consent to such proceedings and to construction
of such sewers and appurtenances in the streets, highways, rights of way,
easements, and public places, in said City of Cupertino within said Sanitary
District, and in property and rights of way owned by said District, whenever
the same are under the jurisdiction of said City Council, and within the ex-
terior boundaries of said Sanitary District, and where the costs of such pro-
ceedings and construction shall be assessed in whole or in part upon the lots
and lands benefited thereby lying within said assesment district and said
Sanitary District.
PASSED AND l:DOPTED by the Board of Directors of Cupertino Sanitary District
of Santa Clara County, California, this 21st day of January, 1959, by the follow-
ing vote:
AYES: Directors, Brown, Forge, Meyerholz, Rushton, Voss
NOES: Directors, None
ABSENT: Directors, None 1sl Otis F. Forge
Attest: President of the Board of Directors
Ls/ Dr. Joseph F. Brown
Secretary of said Board