CC Resolution No. 3656.15WJML:JFW:ra 7/29/74 loc
RESOLUTION NO. 3656, i 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ADOPTING ENGINEER'S REPORT,
CONFIRMING ASSESSIKENT AND ORDERING
WORK AND ACQUISITIONS
DE ANZA CAMPUS OFF-STREET PARKING .AND TRAFFIC
FACILITIES ASSESSMENT DISTRICT
RESOLVED, by the City Council of the City of Cupertino, Santa
Clara County, California, that
WHEREAS, on the 6th day of May, 1974, this Council adopted its
Resolution of Intention No. 3656.3 to acquire and construct public
improvements.in said City, and referred the proposed acquisitions
and improvements to the Engineer of Work to make and file with the
Council of this City a report in writing in accordance with and
pursuant to the Municipal Improvement Act of 1913;
WHEREAS, said report was duly made and filed with the Clerk,
whereupon the Clerk presented it to this 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) plans and specifications of the proposed improvements, (2) esti-
mate of costs, (3) diagram of district, (4) an assessment according
to benefits, and (5) maps and descriptions of acquisitions to be made,
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 particular and determined that
it should stand as the report for all subsequent proceedings under
said Act and said Resolution of Intention, whereupon said Council,
pursuant to the requirements of said Act, appointed Monday, the 5th
day of August, 1974, at the hour of 7:30 o'clock P.M., of said day
in the Council Chambers, City Hall, City of Cupertino, California,
as the time and place for hearing protests in relation to said acqui-
sitions and improvements and directing the City Clerk to give notice
of said hearing as required by said Act;
WHEREAS, it appears that notices of said hearing were duly and
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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 advertised in said notices;
WHEREAS, persons interested objecting to said acquisitions
and improvements, or to the extent of the assessment district, or to
the proposed assessment and diagram, or to the grades at which said
work will be done, or the Engineer's estimate of the costs and expenses
thereof, or to the maps and descriptions, filed written protests with
the City Clerk at or before the time set for said hearing, and all
persons interested, desiring to be heard were given an opportunity 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 of the property to be
assessed for the cost of said project did not, at or prior to the
time fixed for said hearing, file written protests against said acqui-
sitions and improvements, or as to the Engineer's estimate of costs
and expenses of said project, or against the grades at which said
work is proposed to be done, or against the maps and descriptions, or
against the diagram and assessment to pay for the costs and expenses
thereof.
2. That any and all protests made either to said proposed
acquisitions and improvements, or the grades at which said work is
proposed to be done, or the extent of the assessment district, or
the amounts of the several assessments, or the maps and descriptions,
and all persons desiring to be heard in relation to any of said
matters, whether as protestants or otherwise, have been fully heard
and considered, and have been overruled.
3. That the district benefited by said acquisitions and improve-
ments and to be assessed to pay the costs and expenses thereof, and
the exterior boundaries thereof, is the district described 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 the inci-
dental.expenses in connection therewith, contained in said report, be,
and it is hereby, finally adopted and approved as the Engineer's total
and detailed estimate of the costs and expenses of said acquisitions
and improvements.
5. That the plans and specifications for the proposed improve-
ments contained in said report, be, and they are hereby, finally
adopted and approved as the plans and specifications to r:hich said
work shall be done as called for. in said Resolution of Preliminary
Determination and of Intention.
6. That said Council does hereby order the acquisitions and
improvements to be made and done as described in and in. accordance with
said Resolution of Intention on file in the office of the City CJ_erk,
reference to which -is hereby made for more pa.-ticular-description
o:L' said acquisitions and improvements and for further particulars
pursuant to the provisions of said Act.
7. That the diagram showing the assessment district rei'erred to
and described in said Resolution of Intention, 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 said. Reso-
lution, 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,
as 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 the maps and descriptions of the acquisitions to be made,
as contained in said report, be, and the same are hereby, approved
and confirmed.
10. That final adoption and approval of the Engineer's Report
as a whole, and of the plans and specifications, estimate of the costs
and expenses, maps and descriptions of the lands and easements to be
acquired, the diagram and the assessment, as contained in said Report,
as herei_nabove determined and ordered, is intended to and shall refer
and apply to said Report,.or any portion thereof, as amended.. modified,
revised.or corrected by., or pursuant to and in accordance with any
resolution or order, if any, heretofore duly adopted or made by this
Council.
11. That said Engineer's Report be, and the same is hereby,
finally adopted and approved as a whole.
12. That the City Clerk shall forthwith deliver to the Super-
intendent of Streets of said City the said assessment, together with
said diagram thereto. attached and made a part thereof a.s confirmed
by this Council, with his certificate of such confirmation thereto
attached and of the date thereof., and that said Superintendent of
Streets shall forthwith 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 _r-ecord-
ation shall be and constitute the assessment roll herein.
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13. That said Superintendent of Streets, upon,the recording
of said diagram and assessment, shall mail to each owner of real
pr. o,pex-ty w1thin the assessment district at his last known address
as the same appears on the tax rolls of the City, or on file An 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 oLher descrip-
tion of the rroperty assessed sufficient.to enable the owner to
Identify the same, the .amount of the assessment, the date of the
recordation of said assessment, the time and place of payment thereof.,
and the effect of failure to pay within such time, and a statement -
of' the fact that bones -will be issued on unpaid assessments pursuant
to Chapter 4.5, commencing wi-th Section 6468, of Part 5 of Dl..vision 7
of the Streets and Highways Code, the Improvement Act of 1911.
14. That said Superintendent of Streets shall also cause Notice.
to Pay assessments by publishing once a week for two weeks in the
Cupertino Courier; a newspaper published and circulated in said City
that said assessment has been .recorded and that all sur,s assessed
the,. -eon are due and payable immediately in the manner provided by law.
PASSED AI•TD ADOPTED at a regular meeting; of the City Cciznc_;_l
of the City of Cupertino this 5th day of August , 1974, by the
=ollovring vote:
n,XP,S: flouncilmen - Frolich, Meyers, Nellis, Jackson
N'0 Councilmen None
PAN', . 1'I' -- Sparks
PTTEST:
Y Az. _erx
ro Tempore
M