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CC Resolution 7936RESOLDTION NO. 7936 A RESOLmTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENT CITY OF CAMPBELL LIGHTING DISTRICT LLA-1 FISCAL YEAR 1999-91 BE IT RESOLVED, by the City Council of the City of Campbell, California, as follows: WHEREAS, on the 17th day of April, 1990, said Council adopted its Resolution No. 7911 , Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 1990-91 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. 7911 ; 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 N0. 7911 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 Tuesday, the 5th day of June, 1990, 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 annexation of territory to an existing assessment district and 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; 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 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 199H-91 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. 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 described in an din accordance with said Engineer'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. 7911 and also the boundaries of any zones therein and the liens and dimensions of each lost 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 1999- 91 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 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 tha correct copy of the resolutio City Council of the City of thereof held on the 5th 1990, by the following vote of t the foregoing is a full, t n duly passed and adopte Campbell, California, at a day of JUNE the members thereof: AYES, and in favor thereof, Councilmembers: KOTOWSKI, WATSON, CONANT, BURR, ASHWORTH NOES, Councilmembers: NONE ABSENT, Councilmembers: Barbara Olsasfcy, City City of Campbell / APPROVED: rue and d by the meeting J n Ashworth, Mayor O m I T .y '> m m H n x x x x x x x x x l x W n n w m d b H n H r l n Z x ii "~ r I 4 n I 1 .Y. II ry N r T O m b d I O~ U II O N O N N N 10 1 NII 1 II N O d r+l O ro O P 1 M x M r4 ei N ~ I X I X 1 II I II 1 tl ~'f N O. O d '1 t0 N O ^1 1 d O II O. N 1'1 e~ n b n O N I N m n I 1 II V V tV Qi rvf V1 1p V o N 1 P W m I n1 ~ N OI ~ N m d rl I d O m n ro N I R II I w M I W II I ~! 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