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CC Resolution 12342RESOLUTION NO. 12342 A~RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING THE ENGINEER'S REPORT, ORDERING THE IMPROVEMENTS, AND CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR THE CITY OF CAMPBELL LIGHTING AND LANDSCAPING DISTRICT LLA-1 FOR FISCAL YEAR 2018/19 WHEREAS, on the 3~d day of April 2018, said Council adopted its Resolution No. 12302 describing improvements and directing preparation of the Engineer's Report for Fiscal Year (FY) 2018/19 for the City of Campbell Lighting and Landscaping District LLA-1 pursuant to the Landscaping and Lighting Act of 1972, and directed the City Engineer to prepare and file with the City Clerk a written report called for under said Act and by said Resolution; and WHEREAS, said report was duly made and filed with the City Clerk, whereupon said Clerk presented it to this Council on June 5, 2018 for its consideration; and WHEREAS, said Council thereupon duly considered said report and each and every part thereof and found that it contained all matters called for by the provisions of said Act and Resolution No. 12322, including (1) plans and specifications of the existing and proposed improvements, if any; (2) estimate of costs; (3) diagram showing the exterior boundaries of the area of the Assessment District; and (4) assessments calculated according to benefits; all of which were prepared in the form and manner required by said Act; and WHEREAS, said Council found that said report, and each and every part thereof, was sufficient 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, adopted Resolution No. 12323 and appointed July 17, 2018, at 7:30 p.m. at the regular meeting of said Council, City Hall, 70 North First Street, Campbell, California, as the time arid place for hearing comments or protests in relation to the levy and collection of the proposed assessments pursuant to said Act, and to said proposed improvements, if any, including the operation and maintenance thereof, and directing the City Clerk to give notice of the public hearing as required by said Act; and WHEREAS, notices of said Public Hearing were duly published in the time, form and manner required by said Act, as evidenced by the Affidavits and Certificates on file with the City Clerk, whereupon said hearing was duly held at the time and place stated in said notice; and WHEREAS, on July 17, 2018, the Public Hearing was opened; and WHEREAS, persons objecting to said improvements, including the operation and maintenance thereof, or to the extent of the Assessment District, or to the proposed diagram or assessments, or to the Engineer's estimate of costs thereof, filed written protests with the City Clerk before the conclusion of said Public Hearing, and all persons desiring to be heard were given an opportunity to be heard, and all matters pertaining to the levy and collection of the assessments for said improvements, including the operation and maintenance thereof, were fully heard and considered by said Council. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, and ORDERED as follows: 1. That protests, if any, against said improvements, including the operation and maintenance thereof, or to the extent of the Assessment District, or to the proposed diagram or assessments, or to the Engineer's estimate of costs thereof, for FY 2018/19 be, and each of them are hereby overruled. 2. That the public interest, convenience and necessity require and said Council does hereby order the levy and collection of assessments pursuant to said Act for the installation of improvements, including the operation and maintenance thereof, more particularly described in said Engineer's Report which is made a part hereof by reference. 3. That the City of Campbell Lighting and Landscaping District LLA-1 and the . boundaries thereof benefited and to be assessed for said costs for the installation of the improvements, including the operation and maintenance thereof, are situated in the City of Campbell, California, and are more particularly described by reference to a map thereof on file in the office of the City Clerk. Said map indicates by a boundary line the extent of the territory included in said District. 4. -That the plans and specifications for the existing improvements and proposed improvements, if any, to be installed within the Assessment District contained in said report be, and they are hereby, adopted and approved. 5. That the Engineer's estimate of the total costs of said improvements, including the operation and maintenance thereof, and of the incidental expenses in connection therewith, contained in said report be, and is hereby, adopted and approved. 6. That the public interest and convenience require, and said Council does hereby order the improvements, if any, to be installed as described in, and in accordance with, said Engineer's Report. 7. That the diagram showing the boundaries of the Assessment District referred to and .described in said Resolution No. 12322, and the lines and dimensions of each parcel of land within said District as such parcel is shown on the County Assessor's maps for the fiscal year to which it applies, each of which parcel has been given a separate number upon said diagram as contained in said report be, and is hereby, approved and confirmed. 8. .That the assessment of the total costs of said improvements upon the parcels of land in said District in proportion to the estimated benefits to be received by such parcels from said improvements, and the operation and maintenance thereof, and of the expenses incidental thereto contained in said report be, and the same is hereby, approved and confirmed. 9. That said Engineer's Report for FY 2018/19 be, and the same is hereby, adopted and approved. 10. That the City Clerk shall forthwith file with the Auditor of Santa Clara County said assessment, together with said diagram thereto attached and made a part thereof, as confirmed by the City Council, with the certification of such confirmation thereto attached and of the date thereof. 11. That the order for levy and collection of assessments for the improvements and the adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, estimate of the costs, diagram, and assessments, as contained in said Report, as hereinafter determined and ordered, is intended to and shall refer and apply to said Report, or any portion thereof, as amended, modified, revised or corrected by, or pursuant to and in accordance with any resolution or order, if any, heretofore duly adopted or made by this Council. I hereby certify that the foregoing is a full, true and correct copy of the Resolution duly passed and adopted b~ the City Council of the City of Campbell, California, at,a meeting thereof held on the 17 h day of July, 2018, by the following roll call vote of the members thereof: AYES: Councilmembers: Gibbons, Landry, Cristina, Waterman, Resnikoff NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED:. ~-- 1~~~ ATTEST Paul Resnikoff, Mayor 9 L~ ~i~ Wendy Wo ,City Clerk