Resolution 14705District (LLAD) 84 -2, this Council designated the City Engineer as Engineer of
u_ Work and directed said Engineer of Work to make and file a report in writing in
accordance with and pursuant to the Landscaping and Lighting Act of 1972;
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CITY OF ALAMEDA RESOLUTION NO. 14705
APPROVING THE ENGINEER'S REPORT, CONFIRMING
DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF
ASSESSMENTS, ISLAND CITY LANDSCAPING AND LIGHTING
DISTRICT 84 -2, ALL ZONES
WHEREAS, by its Resolution No. 14181, a resolution directing
preparation of an Annual Report for Island City Landscaping and Lighting
WHEREAS, the report was duly made and filed with the City Clerk and
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duly considered by this Council and found to be sufficient in every particular,
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whereupon it was determined that the report should stand as the Engineer's
Report for all subsequent proceedings under and pursuant to the aforesaid
resolution, and that Tuesday, June 19, 2012, at the hour of 7:00 o'clock p.m., in
the regular meeting place of this Council, Council Chambers, Alameda City
Hall, 2263 Santa Clara Avenue, Alameda, California, was appointed as the
time and place for a hearing by this Council on the question of the levy of the
proposed assessment, notice of which hearing was duly and regularly
published; and
WHEREAS, at the appointed time and place 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 levy were
fully heard and considered by this Council, and all oral statements and all
written protests or communications were duly heard, considered, and
overruled, and this Council thereby acquired jurisdiction to order the levy,
confirm the diagram and assessment prepared by and made a part of the
Engineer's Report and to pay the costs and expenses thereof.
NOW, THEREFORE, IT IS RESOLVED, that:
1. No vote of the property owners is required because proposed
increases are allowed based on previous approval of the property owners
owning more than fifty percent of the area of assessable lands within the
District.
2. The public interest, convenience, and necessity require that the levy
be made.
3. The District benefited by the improvements is 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 this reference.
4. The Engineer's Report as a whole and each part thereof is hereby
confirmed to whit:
(a) the Engineer of Work's estimate of the itemized and total
costs and expenses of maintaining the improvements and of the incidental
expenses in connection therewith;
(b) the diagram showing the District, plans, and specifications for
the improvements to be maintained and the boundaries and dimensions of the
respective lots and parcels of land within the District; and
(c) the assessment of the total amount of the cost and expenses
of the proposed maintenance of the improvements upon the several lots and
parcels of land in the District in proportion to the estimated benefits to be
received by such lots and parcels, respectively, from the maintenance, and of
the expenses incidental thereto.
5. Final adoption and approval of the Engineer's Report as a whole,
and of the plans and specifications, the estimate of the costs and expenses,
and the diagram and the assessment as contained in the report, as
hereinabove determined and ordered, shall refer and apply to the report, or any
portion thereof, as amended, modified, or 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. The assessment to pay the costs and expenses of the maintenance
of the improvements is hereby levied. For further particulars pursuant to the
provisions of the Landscaping and Lighting Act of 1972, reference is hereby
made to the Resolution directing preparation of Annual Report.
7. Based on the oral and documentary evidence, including the
Engineer's Report, offered and received at the June 19, 2012, hearing, this
Council expressly finds and determines (a) that each of the several Tots and
parcels of land will be specially benefited by the maintenance of the
improvements at least in the amount, if not more than the amount, of the
assessment apportioned against the lots and parcels of land, respectively, and
(b) that there is substantial evidence to support, and the weight of the evidence
preponderates in favor of the aforesaid findings and determination as to special
benefits.
8. Immediately upon the adoption of this resolution, but in no event later
than the third Monday in August following such adoption, the City Clerk shall
file a certified copy of the diagram and assessment, and a certified copy of this
resolution, with the Auditor of the County of Alameda. Upon such filing, the
County Auditor shall enter on the County assessment roll opposite each lot or
parcel of land the amount of assessment. The assessments shall be collected
at the same time and in the same manner as County taxes are collected, and
all laws providing for the collection and enforcement of County taxes shall
apply to the collection and enforcement of the assessments. After collection by
the County of Alameda, the net amount of the assessments, after deduction of
any compensation due the County for collection, shall be paid to the Finance
Division of this City.
9. Upon receipt of moneys representing assessments collected by the
County, the Finance Division of this City of Alameda shall deposit said moneys
in the City Treasury to the credit of an improvement fund, which improvement
fund the Finance Division of this City is hereby directed to establish under the
distinctive designation of the District. Moneys in the improvement fund shall be
expended upon the maintenance of the improvements.
I, the undersigned, hereby certify that the foregoing Resolution was duly
and regularly adopted and passed by the Council of the City of Alameda in a
regular meeting assembled on the 19th day of June, 2012 by the following vote
to wit:
AYES: Councilmembers Bonta, deHaan, Tam and
Mayor Gilmore — 4.
NOES: None.
ABSENT: Councilmember Johnson - 1.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 20th day of June, 2012.
Lara Weisiger, Cit C `-r
City of Alameda