WHEREAS, Francisco & Associates, Inc., Engineer of Work, has filed with the City Clerk the report required by Chapter 14.26 of the Sunnyvale Municipal Code and the City Council adopted its Resolution of Intention calling a hearing on the report as required by the Code. Notice of the hearing and an Assessment Ballot were given by mailing to affected property owners, all according to Chapter 14.26 of the Sunnyvale Municipal Code, Article XIIID of the California Constitution and the Proposition 218 Omnibus Implementation Act, respectively. An affidavit of mailing was filed with the City Clerk of the City of Sunnyvale.

WHEREAS, on November 26, 2002, the City Council conducted a public hearing and gave every interested person an opportunity to object or protest to the proposed assessment;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SUNNYVALE THAT:

1. The City Council approves the Engineer's Report and each component part of it, including each exhibit incorporated by reference in the report.

2. The City Council finds that the amount of the assessments represented by the assessment ballots submitted by those in favor of the assessment is greater than those submitted against the assessment.

3. The City Council finds that the Engineer of Work, in the Engineer's Report, has fairly and properly apportioned the cost of the improvement to each parcel of land in the assessment district in proportion to the estimated benefits to be received by each parcel, respectively, from the improvement. The City Council hereby confirms the diagram and assessment and levies each individual assessment, as stated in the Engineer's Report, for the fiscal year 2002-03 and the fiscal year 2003-2004.

BE IT FURTHER RESOLVED THAT:

1. The FY 2002-03 assessments will be manually billed by City staff and will be due and payable in full by April 10, 2002. All manually billed assessments shall be subject to the same fines and penalties as the County of Santa Clara ad-valorem property tax payments.

2. The FY 2003-04 assessments will be collected in the same manner as the County of Santa Clara ad-valorem property tax payments for FY 2003-04. If the FY 2002-03 assessment for any parcel remaines delinquent at the time the FY 2003-04 assessments are submitted to the County for inclusion on the FY 2003-04 property tax roll, the delinquent FY 2002-03 assessment payment and associated fines and penalties may be added to the FY 2003-04 assessment obligation.

Adopted by the City Council at a regular meeting held on ____________________, 2003, by the following vote:

(SEAL)

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