Resolution 14131CITY OF ALAMEDA RESOLUTION NO. 14131
APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND
ASSESSMENT AND ORDERING LEVY OF ASSESSMENTS, ISLAND
CITY LANDSCAPING & LIGHTING DISTRICT 84 -2, ALL ZONES
WHEREAS, by its Resolution No. 13978 a resolution directing preparation
of Annual Report for Island City Landscaping and Lighting District 84 -2, this Council
designated the City Engineer, as Engineer of Work and ordered 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; and
WHEREAS, the report was auiy mace and tied with the City Clerk 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 proceedings under and pursuant to the aforesaid resolution, and that on
Tuesday, July 3, 2007, at the hour of 7:30 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 and the confirmation of the diagram and
assessment prepared by and made a part of the Engineer's Report to pay the costs and
expenses thereof.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Alameda 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 (50%) of the area of assessable lands within the District.
made.
2. The public interest, convenience and necess
equire tha
he levy be
3. The District benefited by the improvements are 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. The Engineer's Report as a whole and each part thereof to wit:
(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 assessment district, plans and
specification 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; is
finally approve and confirmed.
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, 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 he hearing, this Council expressly finds and determines
(a) that each of the several lots 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 thereupon as shown in the assessment roll opposite each lot or parcel of
land the amount of assessment thereupon as shown in the 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 Director of Finance of
this City,
9. Upon receipt of moneys representing assessments collected by the
County, the Director of Finance of this City of Alameda shall deposit the moneys in the
City Treasury to the credit of an improvement fund, which improvement fund the
Director of Finance of this City is hereby directed to establish under the distinctive
designation of the District. Moneys in the improvement fund shall be expended upon for
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 during the Regular
Meeting of the City Council on the ,3rd day of July 2007, by the following vote to wit:'
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this 5th day of July, 2007.
Lara Weisiger, City Clerk
City of Alameda