CC Resolution No. 1381-18 . . . ~ i ~ ~
WJML:KIJ:ea 3/14/67 15c
' RF50LUTION N0. 1381- 18
' A RESOLUTION AND ORDER ADOPTING ENGINEER~S REPORT,
CONFIRMING THE ASSESSMENT AND ORDERING THE WORK
AND ACQUISITIONS
DE ANZA ET AL. IMPROVEMENT PROJECT N0. 66-1 '
RFSOLVED, by the City Council of the City of Cupertino,
California, that
, WHEREAS, on the 3rd day of January, 1967, said Council adopted
its Resolution of Intention No. 13-81-3 to acquire and construct pub-
lic improvements in said City, and referred the proposed acquisitions
and improvements to the Engineer of Work of said City, he being the
officer having charge and control of the construction of improvements
in and for said City of the kind described in said Resolution of In-
tention and being a competent person appointed by said Council for
that purpose;
WHEItEAS, said Council thereby directed said Engineer of Work
to ma.ke and file with the City Clerk of said 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 City
Clerk of said City, whereupon said Clerk presented it to this
Council for consideration;
WHEREAS, said Council thereupon duly considered said report
' and each and every gart thereof and found that it contained all the
' matters and things called for by the provisions of said Act, includ-
ing (1) maps and descriptions of lands and easements to be acquired '
(2) plans and specifications of the proposed improvements, (3) esti-
mate of costs, (4) diagram of district, and (5) an assessment ac-
, cording to benefits, all o£ 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, whereupon said Council, pursuant to the requirements
of said Act, appointed Monday, the lOth day of April, 1967, at the
hour of 8:00 o'clock P.M., of said day in the Council Chambers, City
Hall, Cupertino, California, as the time and place for hearing pro-
tests in relation to said proposed acquisitions and improvements, and
directing the City Clerk of said City to give notice of said hearing
as required by said Act;
WHEREAS, it appears that notices of said hearing were duly and
regularly posted, mailed and published in the time, form and manner
required by said Act, as evidenced by the affidavits on file with said
Clerk, whereupon said hearing was duly and regularly held at the time
and place stated in said notice; and
WHEREAS, cert~in persons interested, ob~ecting to said acqui-
sitions and improvements, or to the extent of the assessment district,
' or to the proposed assessment or diagram, or to the maps and descrip-
tions, or to the grades at which said work will be done, or to the
Engineer's estimate of the costs and expenses thereof, filed written
protests with the City Clerk of said City at or before the time set
for hearing, and all persons interested desiring to be heard were
given an opportunity to be heard, and all matters and things per- ,
' taining to said acquisitions and improvements' were fully hear3 and
considered by said Council, and said Council has acquired ~urisdic-
tion to order said acquisitions and improvements and the confirrnation
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 to be assessed
for the coat of the pro~ect did not, at or prior to the time fixed
for said hearing file written protests against the said proposed
2.
' . ~ ~
acquisitions and improvements as a whole, or against the said dis-
trict or the extent thereof to be assessed for the costs and ex-
' pensea of said acquisitions and improvements as a whole, or as to
the Engineer~s estimate of said costs and expenses, or ag,ainst the
map3 and descriptions, or against the diagram or assessment to pay
, for the costs and expenses thereof.
2. That the district benefited by said acquisitions and im-
provements and to be asaessed to pay the costa and expenses thereof,
and the exterior boundaries thereof are more particularly described
in said Resolution of Intention and made a part hereof by reference
thereto. That all public streets and highways within said assess-
' ment district in use in the performance of a public funetion as such
shall be omitted from said district and from the levy and collection
of the apecial taxes to be hereafter levied and collected to cover
the costs and expenses of said acquisitions and improvements.
3. That the plans and specifications for the proposed im-
provements, contained in said report, be, and they are hereby, fi-
nal.ly adopted and approved as the plans and specifications to which
said work shall be done as called for in said Resolution of Inten-
tion. ,
4. That the Engineer~s estimate of the itemized and total
costs and expenses of said acquisitions and improvements, and of
the incidental expenses in connection therewith, contained in said
as nodified
' 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 maps and descriptions of the lands and ease-
ments to be acquired, as contained in said report, be, and the same
' are hereby, finally approved and confirmed.
6. That the public interest and convenience require, and said
Council does hereby order the acquisitions and improvements to be
3.
. ~ ~ ~
.
made as described in and in accordance with said Resolution of In-
tention~on file in the office of the Clerk of said City, reference
to which is hereby made for a more particular description of said
acquisitions and improvements, and also for further particulars pur-
suant to the provisions of said Municipa.l Improvement Act of 1913.
7. That the diagram showing the assessment district referred
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 Resolution of Intention, each of which subdivisions having
been given a sepa.rate number upon said diagram, as contained in said '
report, be, and it is hereby, finally approved and con£irmed as the
, diagram of the properties to be assessed to pay the costs and ex-
penses of said acquisitions and improvements.
8. That the assessment of the total amount of the costs and
expenses of the proposed acquisitiona and impro~~ements upon the
several subdivisions of land in said district in proportlon to the
estimated benefits to be received by said subdivisions, respec-
tively, from said acquisitions and improvements, and of the expenses
s modified
incidental thereto, contained in said report~4be, and the same is
hereby, finally approved and confirmed as the assessment to pay the
costs and expenses of said acquisitions and improvements.
as r.iodified
9. That said Engineer~s report~ be, and the same is hereby,
finally adopted and approved as a whole.
10. That the City Clerk shall forthwith deliver to the
a^ ~odified
Superintendent of Streets the said assessment,/together with said
diagram thereto attached and made a part thereof, as confirmed by
this Council, with his certificate of such confirmation thereto
attached and of the date thereof; and that said Superintendent of
Streets shsll record said diagram and assessment in his office in
' a suitable book to be kept for that purpose, and append thereto his
4.
' 1 . • . . .
certificate oP ~he date of such recording, and such recordation shall
be and constitute the assessment roll herein.
' 11. That said Superintendent of Streets, upon the recording
of said diagram and assessment, shall tnail to each owner of real
property within the assessment district at his last lrnown address as
the same appears on the tax rolls of the City or on file in the of-
fice of the City Clerk of said City, 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
other description of the property assessed sufficient to ena.ble the
owner to identify the same, the amount of the assessment, the time
and place of payment thereof, the effect of failure to pay within
such time, and a statement of the fact that bonds will be issued on
the unpaid assessments pursuant to the Improvement Bond Act of 1915.
12. That said Superintendent of Streets shall also give no-
tice by publishing a copy of a Notice to Pay Assessments by three
successive insertions in the Cupertino Courier, a newspaper pub-
lished in said City that said assessment has been recorded in his
office, and that all sums assessed thereon are due and payable
immediately, and that the payment of said sums is to be made thirty
(30) days after the date of recording said assessment, which date
shall be stated in said notice, and of the facx tha.t bonds will be
issued upon unpaid assessments as above provided.
a ~r ~ ~ ar ~ * ~r ~r * ~r * *
5.
~ ~ ~ •
' PASSID and ADOPTED by the City Council of the City of '
Cupertino, State of California, this lOth day of April , '
i967, by the following vote:
AYES: COUnCilmEn: Dempster, Fitzgerald, Johnson, Stokes
NOES: Councilmen: rtone
ABSENT: Councilmen: 2~oe1
May r
ATTFST: G
~
Ci C er