Resolution 14240CITY OF ALAMEDA RESOLUTION NO. 14240
APPROVING THE 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. 14181 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 duly made and filed 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 1, 2008, at the hour of 730 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, 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 (50%) 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 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 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 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 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 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 15t day of July, 2008, 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 2nd day of July, 2008.
Lara Weisiger, City erk
City of Alameda