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CC Resolution 9199 RESOLUTION NO. 9199 A RESOLUTION INITIATING PROCEEDINGS CITY OF CAMPBELL LIGHTING AND LANDSCAPING DISTRICT FY 1997-98 BE IT RESOLVED, by the City Council of the City of Campbell, California, as follows: 1. This Council did, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California, conduct proceedings for the formation of the City of Campbell Lighting District LLA-l and for the levy and collection of Assessments for Fiscal Year 1980 - 1981, and did, on June 23, 1980, pursuant to proceedings duly had, adopt its Resolution No. 5381, a Resolution Overruling Protests and Ordering the Formation of an Assessment District and the Improvements and Confirming the Diagram and Assessment. 2. The public interest, convenience and necessity require, and it is the intention of said Council to undertake proceedings for the levy and collection of assessments upon the parcels of land in said District, for the installation of improvements, including the maintenance and/or operation thereof for the Fiscal Year 1997-98. 3. The improvements to be constructed or installed, if any, including the maintenance and/or operation, shall include, in general, the following: Public lighting including traffic signals Landscaping Parks and recreational improvements including play equipment and public restrooms Appurtenances for maintenance of the above including curb, gutter, sidewalk, irrigation and drainage improvements and for acquisition of park or recreation land, and acquisition of existing improvements, if any. 4. The costs and expenses of said improvements, including the maintenance and/or operation, are to be made chargeable upon said District, the exterior boundaries of which District are the composite and consolidated area as more particularly shown on a map thereof on file in the office of the Clerk of the City of Campbell to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in said District and of any zone thereof and shall govern for all details as to the extent of the assessment district. 5. The City Engineer of said City be, and is hereby, directed to prepare and file with said Clerk a report, in writing, referring to the assessment district by its distinctive designation, specifying the fiscal year to which the report applies, and, with respect to that year, presenting the following: a) Plans and specifications of eXlstmg improvements and for proposed new improvements, if any, to be made within the Assessment District; b) An estimate of the costs of said proposed new improvements, if any, to be made, the costs of maintenance and/or operation thereof, and of any existing improvements, together with the incidental expenses in connection therewith; c) A diagram showing the exterior boundaries of the Assessment District and the lines and dimensions of each parcel of land within the district as such parcel of land is shown on the County Assessor's map for Fiscal Year 1997-98, each of which parcels shall be identified by a distinctive number or letter. on said diagram; and d) A proposed assessment of the total amount of the estimated costs and expenses of the proposed new improvements, in accordance with Section 22569 of the California Streets and Highways Code, including the installation, if any, and the maintenance and/or operation thereof, and of any existing improvements upon the parcels in said District in proportion to the estimated benefits to be received by such parcels respectively from said improvements, including the maintenance or servicing, or both, therefore, and of the expenses incidental thereto, as provided in the Rules for Spreading Assessments, which is attached hereto as Exhibit 1 and hereby adopted. 6. The City Engineer of said City be, and is hereby, designated as the office to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during regular office hours at the Public Works Department, City Hall, 70 North First Street, Campbell, California 95008, or by calling (408) 866-2150. I hereby certify that the foregoing is a full, true and correct copy of a Resolution duly passed and adopted by the City Council of the City of Campbell, California, at a meeting thereof held on the 4th day of March, 1997, by the following vote of the members thereof: AYES: COUNCILMEMBERS: Watson, Furtado, Conant NOES: COUNCILMEMBERS: Dougherty, Dean ABSENT: COUNCILMEMBERS: None ATI/): ~ ~~ NE BYBEE, CITY CLERK ~~IJ ~ BARBARA D. CONANT, MAYOR EXHmIT 1 LLA-I Rules for Spreading Assessments 1. District is to be assessed for all costs of forming the District and maintaining the street landscaping and the lighting systems located within the boundaries of the District. 2. The City Council is hereby authorized to annually increase the assessment by not more than ten percent (10 %) per year to cover increased costs. 3. Total costs shall be apportioned to all parcels within the district boundary in accordance with the benefit received. Parcels without curbs, gutters or sidewalks pay no assessment for sidewalk repair. 4. The benefit for each parcel has been determined to be proportional to the land area of that parcel. 5. The area for condominium and townhouse developments shall be determined by assigning to each unit in the development an area equal to that unit's proportionate share of the total land area in the development. 6. Parcels zoned single-family residence or agriculture are assessed up to a maximum of 10,000 square feet. 7. Three categories of benefits have been established: A. All parcels having existing zoning ofR-I, R-D, R-M-S, R-2-S, R-3-S, P-F or PD (Residential) . B. All parcels having eXIstmg zoning of C-l-S, C-2-S, C-3-S, P-O, or PD (commercial or professional). C. All parcels having existing zoning of M-I-S, M-2-S, or C-M-B. 8. Assessment for lighting and curbs, gutters and sidewalks shall be apportioned as follows: All parcels in Category B have been determined to receive benefit on an area basis in the amount of 1.25 times the amount of benefit to an equal area in Category A or C. This additional benefit is attributed to wider sidewalks and to increased lighting intensity which provide additional security and advertisement for those types of land uses. 9. Assessments for arterial street landscaping shall be apportioned among the parcels in Category Band C of Paragraph 7 above. Residential street landscaping shall be apportioned among the parcels in Category A of Paragraph 7 above. 10. In the event that any provision of these rules is held void or unenforceable by a court of competent jurisdiction, such rule shall be deemed severable from the remaining rules, and the remaining rules shall remain in full force and effect.