Resolution 14132CITY OF ALAMEDA RESOLUTION NO. 14132
APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM
AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENTS,
MAINTENANCE ASSESSMENT DISTRICT 01 -01 (MARINA COVE)
WHEREAS, by its Resolution No 13979, a resolution directing preparation
of an Annual Report for Maintenance Assessment District 01 -01 (Marina Cove),
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 Landscape and Lighting Act of 1972; and
WHEREAS, said report was duly made and filed with the City Clerk and
was presented to the City Council for consideration; and
WHEREAS, said Council considered said report and each and every part
hereof and found that it contained all the matters and things called for by the
provisions of the Alameda Maintenance Procedure Code cited in the Alameda
Municipal Code in Section 3 -80, and said Resolution No 13979, including (1)
plans and specifications of the existing improvements , and proposed
improvements, (2) estimate of costs (3) diagram of the district, and (4) an
assessment according to the benefits, all of which was done in the form and
manner required by such Alameda Maintenance Procedure Code; and
WHEREAS, 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 of protests in relation to the formation of a
maintenance assessment district pursuant to the City of Alameda Maintenance
Procedure Code, to said proposed improvements and the levy of the proposed
assessment; and
WHEREAS, it appears that notices of said hearings were duly and regularly
published and mailed in the time, form and manner required by said Code, as
evidence by the affidavits and certificates on file with said City Clerk; and
WHEREAS, persons interested in objecting to the formation of said
maintenance assessment district, or of said improvements, including the
maintenance or servicing, or both, thereof, or to the extent of the maintenance
assessment district, or any zones therein, or to the proposed assessment or
diagram, or to the Engineer's estimate of costs thereof, 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, that:
1. The property owners owning more than fifty percent (50%) of
the area of assessable lands within the District had not, at the conclusion of the
hearing, filed written protests against the proposed levy, as a whole or as to any
part thereof, or against the District or the extent thereof to be assessed for the
costs and expenses of the levy as a whole, or as to any part thereof, or against the
Engineer of Work's estimate of costs and expenses, in whole or in part, or against
the maps and description, in whole or in part, or against the diagram or the
assessment to pay for the costs and expenses thereof, in whole or in part.
2. The public interest, convenience and necessity require that
the levy be made.
3. The District benefited by the improvements 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 Alameda,
California, 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. That said district be, and is hereby designated as "City of
Alameda Maintenance Assessment District 01-01" by which name it shall hereafter
be referred to in all subsequent proceedings, including proceedings for the levy
and collection of assessments.
wit:
5. The Engineer's Report as a whole and each part thereof, to
(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
or parcels of land in the District in proportion to the estimated benefits to be
received by such lots and parcels, respectively, from said improvements, including
the maintenance or servicing, or both, thereof, and of the expenses incidental
thereto, is finally approved and confirmed.
6. Based on the oral and documentary evidence, including the
Engineer's Report, offered and received at the 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 and servicing 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.
7. 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.
8. 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 C
City of Alameda