Resolution 13735CITY OF ALAMEDA RESOLUTION NO. 13 73 5
APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND
ASSESSMENT AND ORDERING LEVY OF ASSESSMENTS,
MAINTENANCE ASSESSMENT DISTRICT 01 -01
WHEREAS, by its Resolution No. 13684 a resolution directing preparation of
Annual Report for Maintenance Assessment District 01 -01, 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, June 15, 2004, 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, 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 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 in a regular meeting of the City Council on the 15th day
of June, 2004, by the following vote to wit:
AYES: Councilmembers Daysog, Gilmore, Kerr, Matarrese,
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
16th day of June, 2004.
Lara Weisiger, Cit lerk
City of Alameda