CC Resolution No. 3101-03 ~
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• RESOLUTION N0. 3101-3
A RESOLUTION OF THE CITY~COUNCIL OF THE CITY-OF CUPERTINO
DECLARING INTENTION TO_ACQUIRE AND,CONS,TRUCT IMPROVEMENTS:
CROSSROADS ASSESSMENT DISTRICT
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 acquisitions and improvements in and for said City as
hereinafter described.
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 shal.l 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 con-
structed 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 herein-
after provided. . ~
5. ~There is to be excepted f rom 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 ~iven 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 ~rades are hereby changed and that said
work will be done to~said changed grades.
7. Said Council does hereby adopt and establ~ish 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. Said acquisitions and improvements are more par-
ticularly described as follows:
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a) The acquisition of lands and easements along the west-
erly side of Saratoga-Sunnyvale Road which are necessary
to widen said Road f rom Stevens Creek Boulevard north- •
erly about 1800 feet to a uniform half-street right of ~
way width of 60 feet, and the improving thereof by
grading, removal of trees, bushes and existin~ struc-
tures, and the construction therein of base pavement,
wearing surface, Portland cement concrete curbs and
gutters, storm drain pipes, inlets and appurtenances,
and conversion of existing overhead electrical and
telephone facilities to underground locations.
b) The acquisition of lands and easements along the north-
erly side of Stevens Creek Boulevard necessary to
achieve a uniform total right of way width of 120 feet
from Saratoga-Sunnyvale Road westerly about 390 feet,
and the improving thereof by grading and the construc-
tion therein of base pavement, wearing surface, Portland
cement concrete curbs,. gutters and sidewalks.
c~ The~acquisition of larids and easements necessary.for
the opening of a new street, 60 feet wide running from
a point on Stevens Cr.eek Boulevard about ~00 feet west-
~ erly of.Saratoga-Sunnyvale Road generally northerly
about 1800 feet; and a new connector street from a
point on Saratoga-Sunnyvale Road about 1350 feet north-
erly of Stevens Creek Boulevard westerly to the new
street first above mentioned, and the improving of
said streets by grading, removing trees, bushes and
existing~structures and the construction therein of
base pavement, wearing surface, Portland cement con-
crete curbs and gutters (with sidewalks as required),
sanitary sewer mains, wye branches, manholes, laterals
and appurtenances, water mains, valves, hydrants,
services and appurtenances, storm draina~e pipes,
catch basins and appurtenances, street and traffic
signs, signalization facilities at the intersections
of Stevens Creek Boulevard and said proposed new
street and Sarato~a-Sunnyvale Road and said proposed
new street, together with conversion of traffic
islands in Stevens Creek Boulevard as required for ~
the revised traffic flow.
d) 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.
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g. 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 En~ineer's report, shall be controlling as to the correct
and detailed description thereof. .
10. The City of Cupertino will contribute toward the cost
of traffic signalization, and toward the storm draina~e facili-
ties from the storm drainage fund, 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 more particularly shown on a map thereof on file in the
office of the City Clerk. Said map indicates by a boundary 13ne
the extent of,the territory included in the proposed district
ar~d shall govern for all details as to the extent of the assess-
ment district.
11. Said Council further declares that all public streets~
and highways within said assessment district in use in the per-
formance 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.
12. 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, Divi-
sion l0:of the Streets and Highways Code, the last installment
of which bonds shall mature not to exceed fourteen (l~) 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.
13. 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 1g13.
1~. Reference is hereby made to proceedings had pursuant
to Division ~ of the Streets and Highways Code on file in the
office of the City Clerk. .
15. Said proposed acquisitions and improvements are hereby
referred to the Erigineer of Work, being a competent person
employed by said City for that purpose; and said Engineer is
hereby directed to make and file with the Clerk of said City a
report in writing, presenting the following:
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~ a) Plans and specifications of the-proposed improve-
ments 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 improve-
ments and of the incidental expenses 3n 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 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 such
subdivisions, respectively, from said acquisitions and improve-
ments, 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 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 acquisitions and improvements, and said assess-
ment 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.
16. 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.~ of the Streets
and Highways Code, no notice of award of contract shall be pub-
lished.
17. If any excess shall be realized from the assessment it
shall be used, in such amounts as the~Council may determine, in
accordarioe taitYi the provisions of law, for one or more of the
f ollowing 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
asse.ssment;_or
c) For the maintenance of the improvements.
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PASSED and ADOPTED by the City Council of the City of
Cupertino, State of California, this 6th day of _ March ,
19 72, by the following vote:
ASSES: Councilmen: Fitzgerald, Frolich, Irwin, Stokes, Noel
NOES : Councilmen: None
ABSENT: Councilmen: None
APPROVED:
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Mayor
ATTEST:
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