Resolution 12141CITY OF ALAMEDA RESOLUTION NO. 12141
APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT
AND ORDERING LEVY OF ASSESSMENTS, ISLAND CITY LANDSCAPING &
LIGHTING DISTRICT 84 -2
WHEREAS, by its Resolution No. 11944, a resolution
directing preparation of Annual Report for Island City
Landscaping and Lighting District 84 -2, this Council designated
John H. Heindel, Consulting Civil 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;
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 16, 1990, at the hour of
7:30 o'clock p.m., in the regular meeting place of this Council,
Council Chambers, City Hall, 2263 Santa Clara Avenue, Alameda,
California, were 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;
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NOW, THEREFORE, IT IS 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 and 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;
are finally approved and confirmed.
5. Final adoption and approval of the Engineer's Report as
a whole, and of the plans and specifications, estimate of the
costs and expenses, the diagram and the assessment, as contained
in the report, as hereinabove determined and ordered, as intended
to and 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 Direct
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 on 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 regular meeting assembled on the sixteenth of
July, 1991, by the following vote to wit:
AYES: Councilmembers Arnerich, Camicia, Lucas and
President Withrow - 4.
NOES: None.
ABSENT: None.
ABSTENTIONS: Councilmember Roth - 1.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this seventeenth day of July, 1991.
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Diane'. Felsch, City Clerk
City of Alameda