CC Resolution No. 3656.12vl RESOLUTION NO. 3656.12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTIT;O OF DETERMINATION, UNDER DIVISION 4
OF THE STREETS AND HIGHWAYS CODE, TO PROCEED
WITH PROCEEDINGS FOR ACQUISITTIONS AND
IMPROVEMENTS
DE ANZA CAMPUS OFF-STREET PARKING AND TRAFFIC
FACILITIES ASSESSMENT DISTRICT
RESOLVED, by the City Council of the City of Cupertino, Santa
Clara County, California, that
WHEREAS, in accordance with the order of this Council a report
has been filed with this City pursuant to Division 4 of the Streets
and Highways Code for the acquisition and construction of the follow-
ing public improvements in and for said City;
Parking Lots
The improving of portions of the De Anza Campus of the Foothill
Community College District as offstreet parking lots by grading and
the construction thereon of pavement, curbs, gutters, storm drainage
facilities, planting and landscaping facilities complete with auto-
matic sprinkler irrigation systems, and lighting facilities, and
including the relocation of the existing building on a portion of
the proposed parking lot site to adjacent property and the construc-
tion of a foundation structure on said adjacent property to accommo-
date said relocated building.
Traffic Improvements
The construction of modified vehicular entrances to the De Anza
Campus as necessary to accommodate flow of vehicular traffic for
public purposes.
Auxiliary
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.
WHEREAS, Monday, the 5th day of August, 1974, at the hour of
7:30 o'clock P.M., in 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 pro-
vided by law, as appears from affidavits thereof on file with the
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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 objections 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 objections were made, and which were filed with the
City Clerk at or before the time fixed for the hearing, were fully
heard and considered by the Council;
NOW, THEREFORE, IT IS ORDERED, as follows:
1. That said improvements constitute a single comprehensive
scheme for the construction of said improvements as described in
Resolution of Preliminary Determination No. 3656 for these proceedings
heretofore adopted by this Council on May 6, 1974.
2. That the owners of more than one-half of the area of the
property to be assessed for the acquisitions and improvements have not
filed with the City Clerk at or before the time fixed for said hearing,
or at all, written protests or objections to the ordering of the
things proposed 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 objected
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 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
relating to the regularity or sufficiency of the proceedings, filed
with said 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 project 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 limita-
tions on the district as a whole, and as to the limitations on indi-
vidual, specified assessments.
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6. The lands proposed to be specially assessed to pay the costs
and expenses of said acquisitions and improvements, are all as shown
on the diagram of the proposed as.ses.sment district, which is a part
of the report of the Council of said City.
7. Proceedings for the acquisition and construction of said
improvements will be had pursuant to the Special Assessment Investi-
gation, Limitation and Majority Protest Act of 1931 and the Municipal
Improvement Act of 1913, (and the bonds, if any, upon the unpaid
assessments will be issued pursuant to Chapter 4.5, commencing with
Section 6468, of Part 5 of Division 7 of the Streets and Highways
Code, the Improvement Act of 1911).
PASSED AND ADOPTED at a regular meeting of the City Council
of the City, of Cupertino this 5th day of August , 19743 by the
following vote:
AYES: Councilmen - Frolich, Meyers, Nellis, Jackson
NOES: Councilmen - None
ABSENT: Councilmen - sparks
ATTEST:
CiV Clerk
APPROVED
y�rP,ATmpore
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