Loading...
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 CD 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. 3 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