CC Resolution 10063
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RESOLUTION NO.
10063
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 2002/03
WHEREAS, on the 2nd day of April 2002, said Council adopted its Resolution No. 9997
describing improvements and directing preparation of the Engineer's Report for Fiscal Year (FY)
2002/03 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 4,2002 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. 9997, 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, appointed July 2 and
July 16, 2002, at 7:30 p.m. at the regular meeting of said Council, City Hall, 70 North First
Street, Campbell, California, as the time and place for hearing 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 said hearings as required by said Act; and
WHEREAS, notices of said Public Meeting and Public Hearing were duly and regularly
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 hearings were duly and regularly held at
the times and place stated in said notice; and
WHEREAS, on July 16,2002, 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
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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 2002/03 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. 9997, and the liens 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 2002/03 be, and the same is hereby, adopted
and approved.
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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 by the City Council of the City of Campbell, California, at a meeting thereof
held on the 16th day of July, 2002, by the following roll call vote of the members thereof:
AYES:
Councilmembers: Dean, Burr, Kennedy, Furtado, Watson
NOES:
Councilmembers: None
ABSENT:
Councilmembers: None
APPROVED:
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Jeantrte Watson, Mayor
ATTEST:
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Anne Bybee, City Clerk