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CC Resolution No. 3000Tn KJmh 12-21-70-15 RESOLUTION NO. 3000 A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS BLANEY AVENUE, ET AL. STREET WIDENING PROJECT ASSESSMENT DISTRICT AD 70-1 RESOLVED, by the City Council of the City of Cupertino, California, that 1. In its opinion the public interest and convenience require and that it is the intention of said Council to order the following acquisitions and improvements, to wit: UNI"T 1 The acquisition of lands and easements necessary to widen Blaney Avenue from a point about 175 feet westerly of Stevens Creek Boulevard southerly to Regnart Creek to a uniform right-of-way width of 60 feet, and the improving thereof by the construction therein of base pavement and wearing surface, Portland cement concrete curbs, gutters and sidewalks, street lighting facilities, and storm drainage facilities as required. UN"IT 2 The acquisition of lands and easements necessary to widen Price Avenue from Blaney Avenue easterly about 320 feet to a uniform right of way width of 60 feet, and the improving thereof by the construction therein of base pavement and wearing surface, °ortland. cement concrete curbs, gutters and sidewalks, street lighting facilities, and storm drainage facilities as required. UNIT 3 The acquisition of lands and easements necessary to widen Blaney Avenue from Forest Avenue southerly about 250 feet to a uniform right-of-way width of 60 feet and to widen Forest Avenue from Blaney Avenue westerly about 400 feet to a uniform right-of-way width of 60 feet, and the improving thereof by the construction therein of base pavement and wearing surface, Portland cement concrete curbs, gutters and sidewalks, street lighting facilities, and stcrm drainage facilities as required.. UNIT 4 The acquisition of lands and easements necessary to widen Portal Avenue to a uniform right-of-way width of 60 feet from a point about 55 feet southerly of the intersection of Wheaton Drive southerly about 205 feet, and the improving thereof by the con- struction therein of base pavement and wearing surface, Portland cement concrete curbs, gutters and sidewalks, street lighting facilities, and storm drainage facilities as required. GENERAL The acquisition of all lands and easements and the construction of all work auxiliary to any of the above and necessary to complete the same. 2. Whenever any public way is herein referred to as running between two public ways, or from or to any public. way, the intersec- tions of the public ways referred to are included to the extent that work shall be shown on the plans to be done therein. 3. Said streets and highways are more particularly shown in the records in the office of the County Recorder of the County of Santa Clara, California, and shall be shown upon the plans herein referred to and to be filed with the City Clerk of said City. �. All of said work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. 5. There is to be excepted from the work herein described any of such work already done to line and grade and marked excepted or shown not to be done on said plans, profiles and specifications. 6. Notice is hereby given of the fact that in many cases said wc:z; improvement will bring the finished work to a grade different from that formerly existing, and that to said extent said grades are hereby changed and that said work will be done to said changed grades. 7. Said Council does hereby adopt and establish as the offi- cial grades for said work the grades and elevations to be shown upon the plans, profiles and specifications. All such grades and elevations are to be in feet and decimals thereof with reference to the datum plane of the City of Cupertino. 8o The descriptions of the acquisitions and improvements and the termini of the work contained in this resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work and maps and descriptions, as contained in the Engineer's report, shall be controlling as to the correct and detailed description thereof. 2 9. The City of Cupertino will contribute the cost of con- structing all base pavement and wearing surface, Portland cement concrete curbs and gutters, storm drainage facilities, all engineering expenses and any attorneys' fees and costs required in connection with condemnation proceedings, and the balance of the costs and expenses of said acquisitions and improvements, together with the expenses incidental thereto are made chargeable upon an assessment district, the exterior boundaries of which district are the composite and consolidated area of all parcels of property fronting on the proposed improvements and more particularly shown on a map thereof on file in the office of the City Clerk, consist- ing of four sheets, one for each unit. Said map indicates by a boundary Line the extent of the territory included in the proposed district and shall govern for all details as to the extent of the assessment district. 10. Said Council further declares that all public streets and highways within said assessment district in use in the performance of a public function as such shall be omitted from the assessment hereafter to be made to cover the costs and expenses of said acqui- sitions and improvements. 11. Notice is hereby given that serial bonds to represent the unpaid assessments and bear interest at the rate of not to exceed seven percent (7%) per annum, will be issued hereunder in the manner provided in the Improvement Bond Act of 1915, Division 10 of the Streets and Highways Code, the last installment of which bonds shall mature not to exceed fourteen (14) years from the second day of July next succeeding ten (10) months from their date. The provisions of Part 11.1 of said Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds, shall apply, 12. Except as herein otherwise provided for the issuance of bonds, all of said acquisitions and improvements shall be done pur- suant to the provisions of the Municipal Improvement Act of 1913. I 13e Reference is hereby made to proceedings had pursuant to Division 4 of the Streets and Highways Code on file in the office of the City Clerk. 14. Said proposed acquisitions and improvements are hereby referred to the City Director of Public Works, being a competent person employed by. said City for that purpose; and said Director of Public Works is hereby directed to make and file with the Clerk of said City a report in writing, presenting the following: a) Plans and specifications of the proposed improvements to be made pursuant to this Resolution of Intention; b) Engineer's statement of the itemized and total esti- mated costs and expenses of said acquisitions and improvements and of the incidental expenses in connection therewith; c) Diagram showing the assessment district above referred to, and also the boundaries and dimensions of the respective subdivi- sions of land within said district as the same existed at the time of the passage of this Resolution of Intention, each of which sub- divisions shall be given a separate number upon said diagram; d) A proposed 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 such subdivisions, respectively, from sales acquisitions and improvements, and of the expenses inci- dental thereto; e) Maps and descriptions of the lands and easements to be acquired. When any portion or percentage of the cost and expenses of the acquisitions and improvements is to be paid from sources other than assessments, the amount of such portion or percentage .shall first be deducted from the total estimated cost and expenses of Said acqui- sitions and improvements, and said assessment shall include only the remainder of the estimated cost and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to subdivision (c) of this section. 15. Notice is hereby given that in the opinion of the 'Council the public interest will not be served by allowing the property owners to take the contract for the construction of the improvements, and that pursuant to Section 10502.4 of the Streets and Highways Code, no notice of award of contract shall be published. 16. If any excess shall be realized from the assessment it shall be used, in such amounts as the Council may determine, in accordance with the provisions of law, for one or more of the following purposes: a) Transfer to the general fund of the City, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or 5% of the total amount expended from the improvement fund.; b) As a credit upon the assessment and any supplemental assessment; or c) For the maintenance of the improvements. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of December 1970 by the following vote: AYES: Councilmen Fitzgerald, Frolich, Green, Noel, Mayor Stokes NOES: Councilmen None ABSENT: Councilmen None APPROVED• i�. ATTEST: Mayor, C• y o upertino J Deputyl City Clerk M RESOLUTION NO. 3000 A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS BLANEY AVENUE, ET AL. STREET WIDENING PROJECT ASSESSMENT DISTRICT AD 70-1 RESOLVED, by the City Council of the City of Cupertino, California, that 1. In its opinion the public interest and convenience require and that it is the intention of said Council to order the following acquisitions and im- provements, to wit: UNIT 1 The acquisition of lands and easements necessary to widen Blaney Avenue from a point about 175 feet westerly of Stevens Creek Boulevard southerly to Regnart Creek to a uniform right-of-way width of 60 feet, and the improving thereof by the construction therein of base pavement and wear- ing surface, Portland cement concrete curbs, gutters and sidewalks, street lighting facilities, and storm drainage facilities as required. UNIT 2 The acquisition of lands and easements necessary to widen Price Avenue from Blaney Avenue easterly about 320 feet to a uniform right-of-way width of 60 feet, and the improving thereof by the construction therein of base pavement and wearing surface, Portland cement concrete curbs, gutters and sidewalks, street lighting facilities, and storm drainage facilities as required. UNIT 3 The acquisition of lands and easements necessary to widen Blaney Avenue from Forest Avenue southerly about 250 feet to a uniform right-of-way width of 60 feet and to widen Forest Avenue from Blaney Avenue westerly about 400 feet to a uniform right-of-way width of 60 feet, and the improving thereof by the construction therein of base pavement and wearing surface, Portland cement concrete curbs, gutters and sidewalks, street lighting facilities, and storm drainage facilities as required. UNIT 4 The acquisition of lands and easements necessary to widen Portal Avenue to a uniform right-of-way width of 60 feet from a point about 55 feet southerly of the intersection of Wheaton Drive southerly about 205 feet, and the im- proving thereof by the construction therein of base pavement and wearing surface, Portland cement concrete curbs, gutters and sidewalks, street lighting facilities, and storm drainage facilities as required. GENERAL The acquisition of all lands and easements and the construction of all work auxiliary to any of the above and necessary to complete the same. 2. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersections of the public ways referred to are included to the extent that work shall be shown on the plans to be done therein. 3. Said streets and highways are more particularly shown in the records in the office of the County Recorder of the County of Santa Clara, California, and shall be shown upon the plans herein referred to and to be filed with the City Clerk of said City. 4. All of said work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. 5. There is to be excepted from the work herein described any of such work already done to line and grade and marked excepted or shown not to be done on said plans, profiles and specifications. 6. Notice is hereby given of the fact that in many cases said work and improvement will bring the finished work to a grade different from that formerly existing, and that to said extent said grades are hereby changed and that said work will be done to said changed grades. 7. Said Council does hereby adopt and establish as the official grades for said work the grades and elevations to be shown upon the plans, profiles and specifications. All such grades and elevations are to be in feet and decimals thereof with reference to the datum plane of the City of Cupertino. 8. The descriptions of the acquisitions and improvements and the termini of the work contained in this resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work and maps and descriptions, as contained in the Engineer's report, shall be controlling as to the correct and detailed description thereof. 9. The City of Cupertino will contribute the cost of constructing all base pavement and wearing surface, Portland cement concrete curbs and gutters, storm drainage facilities, all engineering expenses and any attorneys' fees and costs required in connection with condemnation proceedings, and the balance of the costs and expenses of said acquisitions and improvements, together with the expenses incidental thereto are made chargeable upon an assessment district, the exterior boundaries of which district are the composite and consolidated area of all parcels of property fronting on the proposed improvements and more particularly shown on a map thereof on file in the office of the City Clerk, consisting of four sheets, one for each unit. Said map indicates by a boundary line the extent of the territory included in the proposed district and shall govern for all details as to the extent of the assessment district. 10. Said Council further declares that all public streets and highways within said assessment district in use in the performance of a public function as such shall be omitted from the assessment hereafter to be made to cover the costs and expenses of said acquisitions and improvements. 11. Notice is hereby given that serial bonds to represent the unpaid assessments and bear interest at the rate of not to exceed seven percent (7%) -2- per annum, will be issued hereunder in the manner provided in the Improvement Bond Act of 1915, Division 10 of the Streets and Highways Code, the last in- stallment of which bonds shall mature not to exceed fourteen (14) years from the second day of July next succeeding ten (10) months from their date. The provisions of Part 11.1 of said Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds, shall apply. 12. Except as herein otherwise provided for the issuance of bonds, all of said acquisitions and improvements shall be done pursuant to the provisions of the Municipal Improvement Act of 1913. 13. Reference is hereby made to proceedings had pursuant to Division 4 of the Streets and Highways Code on file in the office of the City Clerk. 14. Said proposed acquisitions and improvements are hereby referred to the City Director of Public Works, being a competent person employed by said City for that purpose; and said Director of Public Works is hereby directed to make and file with the Clerk of said City a report in writing, presenting the follow- ing: (a) Plans and specifications of the proposed improvements to be made pursuant to this Resolution of Intention; (b) Engineer's statement of the itemized and total estimated costs and expenses of said acquisitions and improvements and of the incidental ex- penses in connection therewith; (c) Diagram showing the assessment district above referred to, 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 this Resolution of Intention, each of which subdivisions shall be given a separate number upon said diagram; (d) A proposed assessment of the total amount of the costs and ex- penses of the proposed acquisitions and improvements upon the several sub- divisions of land in said district in proportion to the estimated benefits to be received by such subdivisions, respectively, from said acquisitions and improvements, and of the expenses incidental thereto; (e) Maps and descriptions of the lands and easements to be acquired. When any portion or percentage of the cost and expenses of the ac- quisitions and improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of said acquisitions and improvements, and said assessment shall include only the remainder of the estimated cost and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to subdivision (c) of this section. 15. Notice is hereby given that in the opinion of the Council the public interest will not be served by allowing the property owners to take the con- tract for the construction of the improvements, and that pursuant to Section 10502.4 of the Streets and Highways Code, no notice of award of contract shall be published. 16. If any excess shall be realized from the assessment it shall be used, in such amounts•as the Council may determine, in accordance with the provisions of law, for one or more of the following purposes: -3- (a) Transfer to the general fund of the City, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or 5% of the total amount expended from the improvement fund; or (b) As a credit upon the assessment and any supplemental assessment; (c) For the maintenance of the improvements. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of December, 1970, by the following vote: AYES: Councilmen - Fitzgerald, Frolich, Green, Noel, Mayor Stokes NOES: Councilmen - None ABSENT: Councilmen - None ATTEST: /s/ Gladys McHugh Deputy City Clerk -4- APPROVED: /s/ Gary G. Stokes Mayor, City of Cupertino remainder of the estimated cost and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to subdivision (c) of this section. 15. Notice is hereby given that in the opinion of the 'Council the public interest will not be served by allowing the property owners to take the contract for the construction of the improvements, and that pursuant to Section 10502.4 of the Streets and Highways Code, no notice of award of contract shall be published. 16. If any excess shall be realized from the assessment it shall be used, in such amounts as the Council may determine, in accordance with the provisions of law, for one or more of the following purposes: a) Transfer to the general fund of the City, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or 5% of the total amount expended from the improvement fund.; b) As a credit upon the assessment and any supplemental assessment; or c) For the maintenance of the improvements. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of December 1970 by the following vote: AYES: Councilmen Fitzgerald, Frolich, Green, Noel, Mayor Stokes NOES: Councilmen None ABSENT: Councilmen None APPROVED• i�. ATTEST: Mayor, C• y o upertino J Deputyl City Clerk M