CC Resolution 10942
RESOLUTION NO. 10942
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 2008/09
WHEREAS, on the 1 st day of April 2008, said Council adopted its Resolution No.
10893 describing improvements and directing preparation of the Engineer's Report for
Fiscal Year (FY) 2008/09 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 3, 2008 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. 10893, 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 1 and July 15, 2008, 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 15, 2008, 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 2008/09
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. 10893, 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 2008/09 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 by the City Council of the City of Campbell, California, at a
meeting thereof held on the 15th day of July, 2008, by the following roll call vote of the
members thereof:
AYES: Council members: Furtado, Kennedy, Low, Hernandez, Burr
NOES: Councilmembers: None
ABSENT: Councilmembers: None
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Anne Bybee, City Clerk
APPROVED:
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LJonald R. Burr, Mayor
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