CC Resolution 8186
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'3051-07
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9/20/91
RESOLUTION NO.
8186
A RESOLUTION OF INTENTION
TO MAKE ACQUISITIONS AND IMPROVEMENTS
CITY OF CAMPBELL
Dillon-Gilman Local Improvement District No. 30
RESOL VED by the City Council (the "Council") of the City of Campbell (the "City"),
County of Santa Clara, State of California, that:
Section 1. The public interest, convenience and necessity require, and that it intends to
order the making of the acquisitions and improvements described in Exhibit "A" attached hereto
and made a part hereof.
Section 2. Except as herein otherwise provided for the issuance of bonds, all of the
work shall be done as provided in the Municipal Improvement Act of 1913, Division 12 of the
Streets and Highways Code of California (the "Code").
Section 3. All ofthe work and improvements are to be constructed at the places and in
the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and
elevations, as shown and delineated upon the plans, profiles and specifications to be made
therefor, as hereinafter provided. There is to be excepted from the work above described any of
such work already done to line and grade and marked excepted or shown not to be done on the
plans, profiles and specifications. Whenever any public way is herein referred to as running
between two public ways, or from or to any public way, the intersections of the public ways
referred to are included to the extent that work is shown on the plans to be done therein. The
streets and highways are or will be more particularly shown in the records in the office of the
County Recorder of the County of Santa Clara, State of California, and shall be shown upon the
plans.
Section 4. Notice is hereby given of the fact that in many cases the work and
improvements will bring the finished work to a grade different from that formerly existing, and that
to the extent the grades are hereby changed and that the work will be done to the changed grades.
Section 5. In cases where there is any disparity in level or size between the
improvements proposed to be made herein and private property and where it is more economical to
eliminate such disparity by work on the private property than by adjustment of the work on public
property, it is hereby determined that it is in the public interest and more economical to do such
work on private property to eliminate such disparity. In such cases, the work on private property
shall, with the written consent of the owner of the property, be done and the actual cost thereof
may be added to the proposed assessment of the lot on which the work is to be done.
Section 6. This Council does hereby adopt and establish as the official grades for the
work the grades and elevations to be shown upon the plans, profiles and specifications. All such
grades and elevations are to be in feet and decimals thereof with reference to the datum plane of this
City.
Section 7. The descriptions of the acquisitions and improvements and the termini of the
work contained in this Resolution are general in nature. All items of work do not necessarily
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extend for the full length of the description thereof. The plans and profiles of the work and maps
and descriptions as contained in the Engineer's Report, hereinafter directed to be made and filed,
shall be controlling as to the correct and detailed description thereof.
Section 8. The contemplated acquisitions and improvements, in the opinion of this
Council, are of more than local or ordinary public benefit, and the costs and expenses thereof are
made chargeable upon an assessment district, the exterior boundaries of which are shown on a map
thereof on file in the office of the City Clerk, to which reference is hereby made for further
particulars. The map indicates by a boundary line the extent of the territory included in the
proposed district and shall govern for all details as to the extent of the assessment district.
Section 9. This Council declares that all public streets, highways, lanes and alleys
within the assessment district in use in the performance of a public function, and all lands owned
by any public entity, including the United States and the State of California, or any departments
thereof, shall be omitted from the assessment hereafter to be made to cover the costs and expenses
of the acquisitions and improvements.
Section 10. The acquisitions and improvements are hereby referred to CH2M Hill, as
Engineer of Work for this assessment district, a competent firm employed by this City for the
purpose hereof (the "Engineer of Work"), and the Engineer of Work is hereby directed to make
and file with the City Clerk a report in writing, presenting the following:
(a) Maps and descriptions of the lands and easements to be acquired, if any;
(b) Plans and specifications of the proposed improvement if the improvements are
not already installed. The plans and specifications do not need to be detailed and are
sufficient if they show or describe the general nature, location, and extent of the
improvements. If the assessment district is divided into zones, the plans and specifications
shall indicate the class and the type of improvements to be provided for each zone. The
plans or specifications may be prepared as separate documents, or either or both may be
incorporated in the Engineer's Report as a combined document.
(c) A general description of works or appliances already installed and any other
property necessary or convenient for the operation of the improvements, if the works,
appliances, or property are to be acquired as part of the improvements.
(d) An estimate of the cost of the improvements and of the cost of lands, rights-of-
way, easements, and incidental expenses in connection with the improvements, including
any cost of registering bonds.
(e) A diagram showing, as they existed at the time of the passage of this
Resolution, all of the following:
(i) The exterior boundaries of the assessment district.
(ii) The boundaries of any zones within the district.
(ill) The lines and dimensions of each parcel of land within the district.
Each subdivision, shall be given a separate number upon the diagram. The diagram
may refer to the county assessor's maps for a detailed description of the lines and
dimensions of any parcels, in which case those maps shall govern for all details concerning
the lines and dimensions of the parcels.
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(f) A proposed assessment of the total amount of the cost and expenses of the
proposed improvement upon the several subdivisions of land in the district in proportion to
the estimated benefits to be received by each subdivision, respectively, from the
improvement. In the case of an assessment for installation of planned local drainage
facilities which are financed, in whole or in part, pursuant to Section 66483 of the
Government Code, the assessment levied against each parcel of subdivided land may be
levied on the basis of the proportionate storm water runoff from each parcel. The
assessment shall refer to the subdivisions by their respective numbers as assigned pursuant
to subdivision (e).
(g) A proposed maximum annual assessement upon each of the several
subdivisions of land in the district to pay costs incurred by this City and not otherwise
reimbursed which result from the administration and collection of assessments or from the
administration or registration of any associated bonds and reserve or other related funds.
When any portion or percentage of the costs and expenses of the acquisitions and
improvements is to be paid from sources other than assessments, the amount of such portion or
percentage shall fIrst be deducted from the total estimated cost and expenses of the acquisitions and
improvements, and the assessment shall include only the remainder of the estimated cost and
expenses.
Section 11. If any excess shall be realized from the assessment it shall be used, in such
amounts as this Council may determine, in accordance with the provisions of law, for one or more
of the following purposes:
(a) Transfer to the general fund of this City, provided that the amount of any such
transfer shall not exceed the lesser of $1,000 or 5% of the total amount expended from the
improvement fund;
(b) As a credit upon the assessment and any supplemental assessment and/or to
call outstanding bonds; or
(c) For the maintenance of the improvements.
Section 12. To the extent that any of the work, rights, improvements and acquisitions
indicated in the Engineer's Report, to be made as provided herein, are shown to be connected to
the facilities, works or systems of, or are to be owned, managed and controlled by, any public
agency other than this City, or of any public utility, it is the intention of this Council to enter into
an agreement with such public agency or public utility pursuant to Chapter 2 (commencing with
Section 10100) of Division 12 of the Code, which agreement may provide for, among other
matters, the ownership, operation and maintenance by such agency or utility of the works, rights,
improvements and acquisitions, and may provide for the installation of all or a portion of such
improvements by the agency or utility and for the providing of service to the properties in the area
benefiting from the work, rights, improvements and acquisitions by such agency or utility in
accordance with its rates, rules and regulations, and that such agreement shall become effective
after proceedings have been taken for the levy of the assessments and sale of bonds and funds are
available to carry out the terms of any such agreement.
Section 13. Notice is hereby given that serial bonds, term bonds, or both, to represent
unpaid assessments, and bear interest at the rate of not to exceed twelve percent (12%) per annum,
or such higher rate of interest as may be authorized by applicable law a the time of sale of such
bonds, will be issued hereunder in the manner provided by the Improvement Bond Act of 1915,
Division 10 of the Code, the last installment of which bonds shall mature not to exceed thirty-nine
(39) years from the second day of September next succeeding twelve months from their date. The
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Council may provide in its proceedings for the issuance of bonds that the principal amount of
bonds maturing or becoming subject to mandatory prior redemption each year shall be other than
an amount equal to an even annual proportion of of the aggregate principal of the bonds, and that
the amount of principal maturing or becoming subject to mandatory prior redemption in each year
plus the amount of interest payable in that year will be an aggregate amount that is substantially
equal each year, except for moneys falling due on the first maturity or mandatory prior redemption
date of the bonds which shall be adjusted to reflect the amount of interest earned from the date
when the bonds bear interest to the date when the first interest is payable on the bonds. To the
extent that term bonds are issued, provision shall be for mandatory prior redemption of those
bonds through annual sinking fund installments conforming to the requirements hereof. The
provisions of Part 11.1 of Division 10 of the Code, providing an alternative procedure for the
advance payment and calling of bonds, shall apply to the bonds issued in these proceedings. It is
the intention of this Council to create a special reserve fund pursuant to and as authorized by Part
16 of Division 10 of the Code. It is the intention of the City that the City will not obligate itself to
advance available funds from the treasury of the City to cure any deficiency in the redemption fund
to be created with respect to the bonds; provided, however, that a determination not to obligate
itself shall not prevent the City from, in its sole discretion, so advancing funds.
The bonds may be refunded pursuant to the provisions of Division 11.5 of the Code upon
the determination of the Council of the City that the public interest or necessity requires such
refunding. Such refunding may be undertaken by the Council when, in its opinion, lower
prevailing interest rates may allow reduction in amount of the installments of principal and interest
upon the assessments to given to owners of property assessed for the works herein described. The
refunding bonds shall bear interest at a rate not to exceed that which is stated in the resolution of
the Council expressing its intention to issue the refunding bonds, which resolution of intention
shall also set forth the maximum term of years of the refunding bonds. Any adjustment to
assessments resulting from the refunding will be done on a pro rata.basis. The refunding shall be
accomplished pursuant to Division 11.5 (commencing with Section 9500) of the Code, except that,
if, following the filing of the Engineer's Report specified in Section 9523 and any subsequent
modifications of the Engineer's Report, the Council finds that each of the conditions specified in
the resolution of intention to issue the refunding bonds is satisfied and that adjustments to the
assessments are on a pro rata. basis, the Council may approve and confmn the Engineer's Report
and may, without further proceedings, authorize, issue and sell the refunding bonds pursuant to
Chapter 3 (commencing with Section 9600) of Division 11.5 of the Code.
Section 14. Notice is hereby given that, in the opinion of this Council, the public
interest will not be served by allowing the property owners to take the contract for the construction
of the improvements and therefore that, pursuant to Section 20487 of the Public Contract Code, no
notice of award of contract shall be published.
Section 15. Robert S. Shook, Project Engineer of the City of Campbell, is hereby
designated as the person to answer inquiries regarding any protest proceedings to be had herein,
and may be contacted during regular office hours at 70 North First Street, Campbell, California
95008, or by calling telephone number (408) 364-2831.
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The foregoing resolution was introduced at a regular meeting of the Council of the City of
Campbell held on the 27 Lo.tday of Oc;tobVL , 1991, was passed and adopted by the
following vote:
AYES: Councilmembers:
A1:JfwoJcAJt, BuJcJl, Wa.;t1:Jon, Conan;t, Ko-tOW1:JIU
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
APPROVEV
ATfEST:
City Clerk
BaJrbaJUJ. Ol1:JlUIRy
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EXHIBIT A
CITY OF CAMPBELL
Dillon-Gilman
Local Imurovement District No. 30
DESCRIPTION OF WORK
Within the City of Campbell, County of Santa Clara, State of California, the construction
and acquisition of the following public improvements, including the acquisition of all lands,
easements, rights-of-way, licenses, franchises, and permits and the construction of all auxiliary
work necessary and/or convenient to the accomplishment thereof, in accordance with plans and
specifications to be approved by the City of Campbell:
1. The removal and replacement, or overlay, of asphalt concrete pavement, and
installation of concrete curb, gutter, and sidewalk on Gilman A venue, Dillon
A venue, Sam Cava Lane, and Railway Avenue from Sam Cava Lane to Kennedy
A venue (approximately 4,400 feet, total).
2. Installation of street trees with irrigation on said streets.
3. Installation of street lighting on said streets.
4. Modifications to existing storm drain system, as required to accommodate said
street improvements.
5. Modifications to existing driveways, parking lots, and other surface areas as
required to accommodate said street improvements.
6. Relocation of existing overhead and underground utility facilities as required to
accommodate said street improvements.
7. Installation of sanitary sewer clean-outs at said street right-of-way lines.
8. Construction of other work incidental to the above (such as traffic signs, pavement
markings, etc.) and necessary for completion of said proposed improvements.
Exhibit A-l