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CC Resolution 8271 . . 13051-07 JHHW:DJO:brf 3/12/92 RESOLUTION NO. 827l A RESOLUTION ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS, AND DIRECTING ACTIONS WITH RESPECT THERETO CITY OF CAMPBELL Dillon-Gilman Local Improvement District No. 30 RESOLVED, by the City Council (the "Council") of the City of Campbell (the "City"), County of Santa Clara, State of California, that WHEREAS, on October 21, 1991, this Council adopted Resolution No. 8186, A Resolution of Intention to Make Acquisitions and Improvements (the "Resolution of Intention"), and therein directed the Engineer of Work to make and file a report in writing (the "Report") in accordance with and pursuant to the Municipal Improvement Act of 1913 (the "Act"); WHEREAS, the Report was duly made and filed, and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that the Report should stand as the Engineer's Report for all subsequent proc~edings under and pursuant to the Resolution of Intention, and Tuesday, April 7, 1992, at the hour of 7:30 o'clock p.m., in the City Council Chambers,City Hall, 70 North First Street, Campbell, California, were appointed as the time and place for hearing protests in relation to the proposed acquisitions and improvements, notices of which hearing were duly and regularly posted, mailed and published; and WHEREAS, the hearing was duly and regularly held, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to the acquisitions and improvements were fully heard and considered by this Council, and all protests, both written and oral, were duly heard, considered and overruled, and this Council thereby acquired jurisdiction to order the acquisitions and improvements and the confirmation of the diagram and assessment to pay the costs and expe,nses thereof; NOW, THEREFORE, IT IS ORDERED, as follows: 1. That the owners of one-half of the area to be assessed for the cost of the project did not, at or prior to the time fixed for the hearing, file written protests against the proposed acquisitions and improvements or the grades at which the work is proposed to be done, as a whole or as to any part thereof, or against the City or the extent thereof to be assessed for the costs and expenses of the acquisitions and improvements, as a whole or as to any part thereof, or against the engineer's estimate of costs and expenses, in whole or in part, or against the maps and . - . descriptions, in whole or in part, or against the diagram or the assessment to pay for the costs and expenses thereof, in whole or in part. 2. That the public interest, convenience and necessity require that the acquisitions and improvements be made. 3. That the district benefited by the acquisitions and improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof filed in the office of the City Clerk, which map is made a part hereof by reference thereto. 4. That the Report as a whole and each part thereof, are hereby approved and confirmed to wit: (a) the plans and specifications for the proposed improvements; (b) the maps and descriptions of the lands and easements to be acquired, if any; (c) the engineer's estimate of the itemized and total costs and expenses of the acquisitions and improvements, and of the incidental expenses in connection therewith; (d) the diagram showing the assessment district and the boundaries and dimensions of the respective subdivisions of land within the City; and (e) the assessment of the total amount of the costs and expenses of the proposed acquisitions and improvements upon the several subdivisions of land in the City in proportion to the estimated benefits to be received by the subdivisions, respectively, from the acquisitions and improvements, and of the expenses incidental thereto. 5. That final adoption and approval of the Report as a whole, and of the plans and specifications, maps and descriptions of the lands and easements to be acquired, estimate of the costs and expenses, the diagram and the assessment, as contained in the Report, as hereinabove determined and ordered, is intended to and shall refer and apply to the Report, or any pOltion 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. 6. That the acquisitions and improvements be made, and that the assessment to pay the costs and expenses thereof is hereby levied. For fmther particulars pursuant to the provisions of the Act, reference is hereby made to the Resolution of Intention. 7. That based on the oral and documentary evidence, including the Report, offered and received at the protest hearing, this Council expressly finds and determines (a) that each of the several subdivisions of land will be specially benefited by the acquisitions and improvements at least in the amount, if not more than the amount, of the assessment apportioned against the subdivisions of land, respectively, and (b) that there is substantial evidence to support, and the weight of the evidence preponderates in favor of, the aforesaid finding and determination as to special benefits. 8. That the City Clerk shall forthwith: -2- _\ j . '" (a) deliver the assessment to the Director of Public Works as the Superintendent of Streets, together with the diagram, as approved and confIrmed by this Council, with a certificate of such confirmation and of the date thereof, executed by the Clerk, attached thereto. The Superintendent of Streets shall record the assessment and diagram in his offIce in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording, and such recordation shall be and constitute the assessment roll herein. (b) cause a copy of the assessment diagram and a notice of assessment, executed by the Clerk, to be fIled and recorded, respectively, in the office of the County Recorder of the County of Santa Clara, such notice to be in substantially the form provided in Section 3114 of the Streets and Highways Code. From the date of recording of the notice of assessment, all persons shall be deemed to have notice of the contents of such assessment, and each of such assessments shall thereupon be a lien upon the property against which it is made, and unless sooner discharged such liens shall so continue for the period of ten (10) years from the date of the recordation, or in the event bonds are issued to represent the assessments, then such liens shall continue until the expiration of four (4) years after the due date of the last installment upon the bonds or of the last installment of principal of the bonds. The appropriate offIcer or officers are hereby authorized to pay any and all fees required by law in connection with the above. 9. That the Finance Director is appointed Collection Officer for the assessments and the person to whom payment of the assessments shall be made, and that the offi~e of the Finance Director at City of Campbell, 70 North First Street, Campbell, California, is designated as the place at which the payments will be made. The Collection Officer, upon the recording of the assessment and diagram, shall cause Notice to Pay Assessments to be mailed and published. The notice shall state that the assessment has been recorded as provided in Section 10402 of the Streets and Highways Code, and the date thereof, that all sums assessed therein are due and payable immediately and payment thereof is to be made to the Collection Officer at the offIce within 30 days after the date of recording the assessment, and the effect of failure to pay within such time, including the fact that bonds will be issued pursuant to the Improvement Bond Act of 1915 to represent and upon the security of the assessments which are not paid within the 30-day period; and, in addition, the notice to be mailed shall contain a designation by street number or other description of the property assessed sufficient to identify same and the amount of the assessment thereon. The mailed notice shall be mailed to each owner of real property within the assessment district at his or her last known address as the same appears on the tax rolls of the County of Santa -3- , ~ . " . , . Clara, or on file in the office of or as known to the Clerk, or to both addresses if the address is not the same, or to the general delivery when no address so appears; and the published notice shall be published once a week for two successive weeks (with at least five days intervening between the respective publication dates, not counting such dates) in the "Campbell Express," a newspaper published and circulated in the City. * * * * * * * * * * * * The foregoing resolution was introduced at a regular meeting of the Council of the City of Campbell held on the 7th day of April , 1992, was passed and adopted by the following vote: AYES: Councilmembers: Kotowski, Conant, Ashworth, Watson, Burr NOES: Councilmembers: None ABSENT: Councilmembers: None ATTEST: ") / ,,' '1/ !Otif~~ Barbara ee City Clerk APPROVED: ---~ <i t""""")~",>-- ~ Donald R. Burr Mayor -4-