CC Resolution No. 3000-14 _
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RESOLUTION N0. 3000-1~ .
A RESOLIJTION AND ORDER ADOPTING ENGINEER'S
REPORT, CONFIRMING THE ASSESSMENT AND
ORDERING THE WORK AND ACQUISITIONS
BLANEY AVENUE, ET AL. STREET WIDENING PROJECT
ASSESSMENT DISTRICT 70-1
RESOLVED, by the City Council.of the City of Cupertino,
California, that ~
WHEREAS, on the 21st day of December, 1970, said Council
adopted its Resolution of Intention No. 3000 to acquire and
construct public improvements in said City, and referred the
proposed acquisitions and improvements to the Director of Public
Works of this City, he being the officer having charge and con-
trol of the construction of improvements in and for said City
of the kind described in said Resolution of Intention and being
competent person employed by said City for that purpose;
. WHEREAS; this Council thereby directed said Director of
Public Works to make and file with the City Clerk a report in
writing in accordance with and pursuant to the Municipal Impr.ove-
ment Ac t of 1g13;
WHERERS, said report was dul~y made and filed with the City
Clerk of this City, whereupon said Clerk presented it to this
Council for consideration;
4JHEREAS, this 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 improve-
ments, (2) estimate of costs, (3) dia~ram of district, an
assessment according to benefits, and (5) maps and desc~riptions
of lands and easements to be acquired, 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 deter-
mined 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 21st day
of June, 1971, at the hour of 7:30 o'clock PeM. of said day,
in the Council Chambers, 10300 Torre Avenue,'Cupertino, Cali-
fornia, as the time and place for hearing protests in relation
to said proposed acquisitions and improvements, and directing
the City Clerk to give notice of said hearing as required by
said Act;
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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 s~id Clerk, whereupon said hearing was duly and
regularly held at the time and place stated in said notice; and.
WHEREAS, persons interested, ob~ecting to
said acquisitions and improvements, or to the extent of the
assessment district, or to the proposed assessment or diagram,
or to the maps and descriptions, 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 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 pertaining to said acquisi-
tions and improvements were fully heard and considered by said
Council, and were overruled, and said Council has acquired ~juris-
diction to order said acquisitions and improvements and the con-
firmation of said diagram and assessment to pay the costs and
expenses thereof;
NOW, THEREFORE, said Council does hereby FTND, DETERMINE
and ORDER, as follows:
1. That the owners of one-half of the area to be assessed
for the cost of the project did not, at or prior to the time
fixed for said hearing, file writ~en protests against the said
proposed acquisitions and improvements as a whole, or against
the said district or the extent there.of.:to be assessed for the
costs and expenses of said acquisitions~and improvements.as a
whole, or as to the Engineer's estimate of said costs and ex-
penses, or against the maps 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
improvements and to be assessed to pay the costs and expenses
thereof, and the exterior boundaries thereof, are more particu-
larly described in said Resolution of Intention and made a part
hereof by reference thereto. That all public streets and high-
ways within said assessment district in use in the performance
of a public function as such shall be omitted f rom said di.strict
and f rom the levy and collection of the special taxes to be
hereafter levied and co.llected to cover the costs and expenses
of said acquisitions and improvements.
3. That the plans and specifications for the proposed
improvements, contained in said report, be, and they are hereby
finall.y adopted and approved as the plans and specifications to
which said work shall be done as called for in said Resolution
of Intention.
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4o 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 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 improve-
ments to be made as described in and in accordance with said
Resolution of Intention on file in the office of the Clerk of
said City, reference to which is hereby made for a more particu-
lar description of said acquisitions and improvements, and also
for fu.rther particulars pursuant to the provisior,s of said
Municipal Improvement Act of Zg13.
7. That the diagram showing the assessment district
referred to and described in said Resolution of Intention, an d
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 said Resolution of Intention, each of~
which subdivisions have 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 acquisi-
tions 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 pro-
portion to the estimated benefits to be received by said sub-
divisions,.respectively, f rom said acquisitions and improvements
and of the expenses incidental thereto, contained in said report,
be, and the same is hereby f~inally approved and confirmed, as the
assessment to pay the costs and expenses of said acquisitions
and improvements.
9o 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
Superintendent of Streets the said assessment, together with
said diagram thereto attached and made a part thereof, as con-
firmed by this Council, with his certificate of such confirma-
tion thereto attached and of the date thereof; and that said
Superintendent of Streets shall record said diagram and assess-
ment 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 recordation shall be and constitute the assessment roll
he rein ~
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11. That said Superintendent of Streets, upon the record-
ing of said diagram and assessment, shall mail to each owner of
real p roj:erty within the assessment district, at his last known
address as the same appears on the tax rolls of the City, or on
file in 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 other description of the property assessed
sufficient to enable 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
notice by publishing a copy of a Notice to Pay Assessments by
three successive insertions in the Cupertino Courier, a news-
paper published in said City, that said. assessment has been re-
corded 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 fact that bonds will be issued upon unpaid assessments as
above provided.
PASSED AND ADOPTED at a regular meeting of the City Council
of -the City of Cupertino this 21st, day of June , 1971, by
the following vote:
AYES: Councilmen - Fitzgerald, Frolich, Green, Stokes, Noel
NOES: Councilmen - None
ABSENT: Councilmen None
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