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Resolution 05827114 RESOLUTJON NO. 5827 A RESOLUTION DETERMINING. CONVENIENCE AND NECESSITY, ADOPTING ENGINEER'S REPORT, CONFIRMING ASSESSMENT AND ORDERING WORK AND ACQUISITIONS BAY FARM ISLAND ASSESSMENT DISTRICT NO. 58-1. RESOLVED, by the City Council of the City of Alameda, California, that WHEREAS, on the 17th day of June, 1958, said Council adopted its Resolu- tion No. 5795 of Preliminary Determination and of Intention that the public interest, convenience and necessity required and that it intended to order certain acquisitions and improvements therein particularly described, and referred the pro- posed improvements to the City Engineer of said City, ho being the officer having charge and control of the acquisitions and construction of public improvements in and for said City of the kind described in said Resolution, and being a competent person employed by said City for that purpose; WHEREAS, said Council thereby directed said City Engineer torake and file with the Clerk of said City a report in writing, in accordance with and pursuant to Article 4 of Chapter 5 of Title XIX of the Alameda Municipal Code; WHEREAS, said report was duly made and filed with the Clerk, where the Clerk presented it to said Council for consideration; WHEREAS, said Council thereupon duly considered said report and each and every part thereof, and found that it contained all the matters and things called for by the provisions of said Act, including (1) Maps and descriptions of the acquisi- tions to be made, (2) plans and specifications of the proposed improvements, (3) estimate of costs, ()) diagram of district, and (5) an assessment according to bene- fits, all of which was done in the form and manner required by said Code; WHEREAS, said Council found that said report and each and every part thereof was sufficient in every particular and determined that it should stand as the report for all subsequent proceedings under said Code and Resolution of Prelim- inary Determination and of Intention, whereupon said Council, pursuant to the requirements of said Code, appointed Tuesday, the 15th day of July, 1958, at the hour of 7:30 o'clock P.M. of said day in the Council Chambers, City Hall, Alameda, California, as the time and place for hearing protests in relation to said proposed acquisitions and improvements, and directed the Clerk of said City to give notice of said hearing as required by said Code; P n WHEREAS, it appears that notices of said hearing were duly and regularly posted and published in the time, form and manner required by said Code, as evidenced by the affidavits on file with the Clerk, whereupon said hearing was duly and regu- larly hold at the time and place advertised in said notice; WHEREAS, persons interested, objecting to said acquisitions and improvements, or to the extent of the assessment district, or to the proposed assessment or diagram, or to the maps and descriptions, or to the grades at which said work will be done, or to the Engineer's estimate of the costs and expenses thereof, filed written protests with the Clerk of said City at or before the time set for hearing, and all persons interested desiring to be heard were given an oppor- tunity to be heard, and all matters and things pertaining to said acquisitions and improvements were fully heard and considered by said Council, and were overruled and said Council has acquired jurisdiction to order said acquisitions and improve- ments and the confirmation of said diagram and assessment to pay the costs and expenses thereof. NOW, THEREFORE, said Council does hereby FIND, DETERMINE and ORDER, as follows: 1. That the owners of one-half of the area of the property to be assessed for the cost of said project did not at or prior to the time fixed for said hearing, file written protests against the said acquisitions and improvements, or as to the Engineer's estimate of the costs and expenses of said project or against the grades at which said work is provided to be done, or against the maps and descriptions, or against the diagram and assessment to pay for the costs and expenses thereof. 2. That any and all protests made either to the question of the public interest, convenience and necessity of making said acquisitions and improvements under said Resolution of Preliminary Determination and of Intention, or the grades at which said work is proposed to be done, or the extent of the assessment district, or to the maps and descriptions, or the amounts of the several assessments, and all persons desiring tc be hoard in relation to any of said matters, whether as protes- tants or otherwise, have been fully heard and considered, and are hereby overruled. 3. That the public interest, convenience and necessity require the acquisi- tions and improvements in the manner proposed, and Division !i of the Streets and High- ways Code shalirnt apply, 4. That the district benefited by said acquisitions and improvement to be assessed to pay the costs and expenses thereof, and the exterior boundaries '5 therhof, is the district described in said Resolution of Preliminary Determination and of Intention. 5. That the Engineer's estimate of the total costs and expenses in con- nection therewith, contained ir said report, as modified, be, and it is hereby, finally adopted and approved as the total and detailed estimate of the costs and expenses of said acquisitions and improvements. 6. That the plans and specifications for the proposed improvements, con- tained in said report, be, and they are hereby, finally adopted and approved as the plans and specifications to which said work shall be done as called for in said Resolution of Preliminary Determination and of Intention. 7. That the maps and descriptions of the acquisitions to be made, as contained in said report, be, and the same are hereby, finally approved. 8. That the public interest, convenience and necessity reqeire, and said Council does hereby order, the acquisitions and improvements to be made as des- cribed in and in accordance with, said Resolution of Preliminary Determination and of Intention on file in the office of the Clerk, reference to which is hereby made for a more particular description of said improvements, pursuant to the provisions of said Code. 9. That the diagram showing the assessment district referred to and des- cribed in said Resolution of Preliminary Determination and of Intention, and also the boundaries and dimensions of the respective subdivisions of land within said district as the same existed at the time of the passage of said Resolution, each of which subdivisions having been given a separate number upon said diagram, as con- tained in said report, be, and it is hereby, finally approved and confirmed as the diagram of the proportion to be assessed to pay the costs and expenses of said acquisitions and improvements. 10. That the assessment of the total amount cf the costs and expenses of the proposed acquisitions and improvements upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by said sub- divisicns, respectively, from said acquisitions and improvements, and of the expenses incidental thereto, as contained in said report, as modified, be, and the same is hereby, finally approved and confirmed as the assessment to pay the costs and e xpenses of said acquisitions and improvements. 11. That the Clerk of said City shall forthwith deliver to the Superin- tendent of Streets of said City the said assessment, together with said diagram thereto attached and made a part thereof as confirmed by this Council, with his certificate of such confirmation thereto attached and of the date thereof; and that said Superintendent of Streets shall forthwith record said diagram and assessment in his office in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording, and such recordation shall be and con- stitute the assessment roll herein. 12. That said Superintendent of Streets, upon the recording of said dia- gram and assessment, shall mail to each owner of real property within the assessment district at his last known address as the same appears on the tax rolls of the City or on file in the office of the Clerk of said City, or to both addresses, if said address is not the same, or to the general delivery when no address so appears, a statement containing a designation by street number or other description of the property assessed sufficient to enable the owner to identify the same, the amount of the assessment, the date of the recordation of said assessment, the time and place of payment thereof, the effect of failure to pay within such time, and a statement of the fact that bonds will be issued on unpaid assessments pursuant to the Bond Plan C, of Article 14, Chapter 6 of said Code, the last installment of such bonds shall mature fourteen (1!) years from the second day of July next succeeding ten months from their date. 13. That said Superintendent of Streets shall also cause notice to pay assessments to be published in two successive issues of the Alameda Times-Star, a newspaper published and circulated in seid City, that said assessment has been recorded, and that all sums assessed thereon are due and payable immediately, and that the payment of said sums is to be made within thirty (30) days after the date of recording said assessment, whioh date shall be stated in said notice and of the fact that bonds will be issued upon unpaid assessments as above provided. '1.46 I, the undersigned, hereby certify that the foregoing Resolution WEIS duly and regularly introduced and adopted by the Council of the City of Alameda in regu- lar meeting assembled on the 15th day of July, 1958, by the following vote, to wit: AYES: Councilmen Collischonn, Freeman, Petersen, Schacht and President McCall, (5). NOES: None. ABSENT: None, IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the official seal of said City this 16th day of July, 1958, SHIRLEY H. TENNIER (SEAL) City Clerk of the City of Alameda * * * * * * * * * I hereby certify that the foregoing is a full, true and correct copy of "Resolution No 5827, A RESOLUTION DETERMINING CONVENIENCE AND NECESSITY, ADOPTING ENGINEER'S REPORT, CON-FIRMING ASSESSMENT AND ORDERING WORK AND ACQUISITIONS, BAY FARM ISLAND ASSESSMENT DISTRICT NO. 58-1," introduced and adopted by the Council on the 15th day of July, 1958.