Resolution 14241CITY OF ALAMEDA RESOLUTION NO. 14241
APPROVING THE ENGINEER'S REPORT, CONFIRMING
DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF
ASSESSMENTS, MAINTENANCE ASSESSMENT DISTRICT 01-01
(MARINA COVE)
WHEREAS, by its Resolution No. 14182, a resolution directing preparation
of an Annual Report for Maintenance Assessment District 01-01 (Marina Cove),
this City 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 said Code and said Resolution No. 14182, 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 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 1, 2008, at the hour of 7:30 o'clock
p.m., in the regular meeting place of this City 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's 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 City Council, and all oral statements and all written protests or
communications were duly heard, considered and overruled, and this City 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. The property owners owning more than 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 and will 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.
5. 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 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
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 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 1st 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.
Cara Weisiger, Cit
City of Alameda