CC Resolution No. 1381-15 ~ . ~ ~
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RESOLUTION N0. 1381- 15 '
A RESOLUTION OF DETERMINATION, UNDER DIVISION 4 OF THE
STREETS AND HIGHWAYS CODE, TO PROCEED WITH PROCEEDINGS
FOR ACQUISITIONS AND IMPROVEMENTS
DeANZA ET AL. IMPROVEMENT PROJECT N0. 66-1
RESOLVED, by the City Council of the City of Cupertino, Californis,
th8t
WHEREAS, in accordance with the order of this Council a report
has been filed with this Council pursuant to Division 4 of the Streets
and Highways Code for the acquisition and construction of publlc improve-
ments in and for said City more particularly described in E~chibit "A"
hereto attached and incorporated herein by reference;
WHEREAS, Monday, the lOth day of April, 1967, at the hour of 8:00
o'clock P.M. at the Council Chambers, City Hall, Cupertino, California,
were fixed by this Council as the time and place for hearing upon said
report; and notice of said hearing has been duly given to all persons
interested in the manner and for the time provided by law, as appears
from affidavits thereof on file with the City Clerk;
WHEREAS, this Council determined that said report should be heard
before this Council, it being the legislative body of said City, and at
said hearing on the report, the report, except as to the map, plat or
diagram and the assessed valuations, true valuations and estimated
assessments upon each parcel of land, was read before protests were
considered; and
WHEREAS, all persons interested desiring to be heard were fully
heard, and all oral protests or ob~ections made at the hearing to the
ordering of the things proposed to be done, and all written protests to
the ordering of said things or relating to the regularity or sufficiency
of the proceedings setting forth the irregularity or defect to which
ob~ection was made, and which were filed with the City Clerk of this
City at or before the time fixed for the hearing, were fully heard and
considered by this Council;
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NOW, THEREFORE, IT IS ORDERED, as follows:
l. That said acquisitions and improvements constitute a single
comprehensive scheme for the construction of said improvements as
described in Resolution No. 1381-4 of Preliminary Determination for
these proceedings heretofore adopted by this Council on February 6, 1967.
2. That the owners of more than one-half of the area of the pro-
perty to be assessed for the improvements have not filed with the City
Clerk of this City at or before the time fixed for said hearing, or at
all, written protests or objections to the ordering of the things pro-
posed to be done, contained in said report.
3. That the owners of more than one-half of said area to be
' assessed have not, either orally or in writing, protested or ob,jected '
to the ordering of said things proposed to be done, and that each and
all of said protests are hereby overruled.
4. That said report and the proceedings heretofore had thereon
or therefor are valid and fully conform with the provisions of Division
4 of the Streets and Highways Code, and all protests in writing relat-
ing to the regularity or sufftciency of the proceedings filed with the
City Clerk of this City at or before the time fixed for said hearing,
' are hereby overruled.
5. That the public interest, convenience and necessity require
the acquisitions and improvements set forth in said report, that said
proposed pro~ect is feasible and that the lands to be assessed therefor
will be able to carry the burden of such proposed assessments and the
limitations on the amounts of the assessments provided for in said
, Division 4 may be disregarded, both with respect to the limitations on
the district as a whole, and as to the limitations on individual,
specific assessments.
6. The lands proposed to be specially assessed to pay the costs
and expenses of said improvements, are all as shown on the diagram of
the proposed assessment district, which is a part of the report.
' 7. Froceedings for the acquisition and construction of said
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improvements will be had pursuant to the Special Assessment
Investigation, Limitation and MaJority Protest Act of 1931 and
the Municipal Improvement Act of 1913, and the bonds u~en the
unpaid assessments will be issued pursuant to the Improvement
Bond Act oF 1915.
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PASSED and ADOPTED by the City Council of the City of
Cupertino, State of California, this i0th day of April ,
1967, by the following vote:
AYES: CounCilmen: Dempster, Fitzgerald, Johnson, Stokes
N4ES: Councilmen: rsone
ABSENT: Councilmen: ~?oel
Mayor
' ATTEST:
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ty C er
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