CC Resolution 8693
RESOLUTION NO.
8693
A RESOLUTION ORDERING THE IMPROVEMENTS
AND CONFIRMING THE DIAGRAM AND ASSESSMENT
CITY OF CAMPBELL LIGHTING DISTRICT LLA-l
FISCAL YEAR 1994-95
BE IT RESOLVED, by the city council of the City of
Campbell, California, as follows:
WHEREAS, on the 3rd day of May, 1994, said Council
adopted its Resolution No. Rfil)R , Describing
Improvements and Directing Preparation of Engineer's Report for
Fiscal Year 1994-95 for the city of Campbell Lighting District LLA-
1 Pursuant to the Landscaping and Lighting Act of 1972 and directed
the Director of Public Works to prepare and file with the Clerk of
this City a written report called for under said Act and by said
Resolution No. Rhl)R ;
WHEREAS, said report was duly made and filed with the
Clerk of said City, whereupon said Clerk presented it to this
council for its consideration;
WHEREAS, said council thereupon duly considered said
report and each and every part thereof and found that it contained
all the matters and things called for by the provisions of said Act
and said Resolution NO. 8658 , including (1) plans and
specifications of the existing improvements and the proposed
improvements; (2) estimate of costs; (3) diagram showing the
- exterior boundaries of the area proposed to be annexed to the
existing assessment district, which is also the area proposed to be
assessed; and (4) an assessment according to benefits; all of which
were done in the form and manner required by said Act;
WHEREAS, said Council found that said report and each and
every part thereof was sufficient in every particular 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 5, 1994, at the hour of
7:30 o'clock p.m. of said day in the regular meeting place 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 assessment pursuant to the Landscaping
and Lighting Act of 1972, and to said proposed improvements,
including the maintenance or servicing, or both, thereof, and
directing said city Clerk to give notice of said hearing as
required by said Act;
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WHEREAS, it appears that notices of said hearing were
duly and regularly published and mailed in the time, form and
manner required by said Act, as evidenced by the Affidavits and
certificates on file with said Clerk, whereupon said hearing was
duly and regularly held at the time and place stated in said
notice; and
. WHEREAS, persons interested, objecting to said
improvements, including the maintenance or servicing, or both,
thereof, or to the extent of the assessment district, or any zones
therein, or to the proposed assessment or diagram or to the
Engineer's estimate of costs thereof, filed written protests with
the Clerk of said City at or before the conclusion of said hearing,
and all persons interested desiring to be heard were given an
opportunity to be heard, and all matters and things pertaining to
the levy and collection of the assessments for said improvements,
including the maintenance or servicing, or both, thereof, were
fully heard and considered by said Council.
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and
ORDERED, as follows:
1. That protests, if any, against said improvements,
including the maintenance or servicing, or both, thereof, or to the
extent of the assessment district or any zones therein, or to the
proposed assessment or diagram, or to the Engineer's estimate of
costs thereof, for Fiscal Year 1994-95 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 construction or
installation of the improvements, including the maintenance or
servicing, or both, thereof, more particularly described in said
Engineer's Report and made a part hereof by reference thereto.
3. That the City of Campbell Lighting District LLA-1 and
the boundaries thereof benefited and to be assessed for said costs
for the construction or installation of the improvements, including
the maintenance or servicing, or both, 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 Clerk of
said City. Said map indicates by a boundary line the extent of the
territory included in said District and of any zone thereof and the
general location of said District.
4. That the plans and specifications for the existing
improvements and for the proposed improvements to be made within
the assessment district or within any zone thereof contained in
said report, be, and they are hereby, finally adopted and approved.
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5. that the Engineer's estimate of the itemized and
total costs and expenses of said improvements, maintenance and
servicing thereof, and of the incidental expenses in connection
therewith, contained in said report, be, and it is hereby, finally
adopted and approved.
6. That the public interest and convenience require, and
said Council does hereby order the improvements to be made as
descr ibed in, and in accordance with, sa id Eng ineer' s Report,
reference to which is hereby made for a more particular description
of said improvements.
7. That the diagram showing the exterior boundaries of
the assessment district referred to and described in said
Resolution No. 86,R , and also the boundaries of any
zones therein and the liens and dimensions of each lot or parcel of
land within said District as such lot or parcel of land is shown on
the County Assessor's maps for the fiscal year to which it applies,
each of which lot or parcel of land has been given a separate
number upon said diagram, as contained in said report, be, and it
is hereby, finally approved and confirmed.
8. That the assessment of the total amount of the costs
and expenses of the said improvements upon the several lots or
parcels of land in said District in proportion to the estimated
benefits to be received by such lots or parcels, respectively, from
said improvements, and the maintenance or servicing, or both,
thereof, and of the expenses incidental thereto contained in said
report be, and the same is hereby, finally approved and confirmed.
9. That said Engineer'S Report for Fiscal Year 1994-95
be, and the same is hereby, finally adopted and approved as a
whole.
10. That the City Clerk shall forthwith file with the
Auditor of Santa Clara County the 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 assessment
for the improvements and the final adoption and approval of the
Engineer'S report as a whole, and of the plans and specifications,
estimate of the costs and expenses, the diagram, the assessment, 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 correc~ed by, or
pursuant to and in accordance with any resolution or order, if any,
heretofore duly adopted or made by this Council.
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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 5th day of July , 1994, by
the following vote of the members thereof:
AYES, and in favor thereof, Councilmembers: Conant,
Ashworth, Burr, Dougherty, Watson
NOES, Councilmembers: None
ABSENT, Councilmembers: None
D:
~.e'~-e""~
nette Watson, Mayor
ATT:JL~
Anne Bybee, City Clerk
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