Loading...
Resolution 09708RGI �0 `-~ RESOLUTION NO. 9708 A RESOLUTION ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE RK AND ACQUISITIONS, DIRECTING RECORDING AND FILING OF ASSESSMENT, ASSESSMENT DIAGRAM AND NOTICE OF ASSESSMENT, APPOINTING COLLEC- TION OFFICER, AND PROVIDING FOR NOTICE TO PAY ASSESSMENTS HARBOR BAY BUSINESS PARK ASSESSMENT DISTRICT 81-1 RESOLVED, by the City Council of the City of Alameda, County of Alameda, California, that WHEREAS, on January 19, 1982` this Council adopted Resolution No. 9673, A Resolution of Intention to Make Acquisitions and Improvements, and therein directed the Engineer of Work to make and file a report in writing in accordance with and pursuant to the Municipal Improvement Act of 1913; WHEREAS, said report was duly made and filed, and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that said report should stand as the Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid resolution, and March 2, 1982, at the hour of 7:30 o'clock p.m., in the regular meeting place of this Council, City Hall, Alameda, California, were appointed as the time and place for hearing protests in relation to said proposed acquisitions and improvements` notices of which hearing were duly and regularly posted, mailed and published; and WHEREAS, said 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 said acquisitions and improvements were fully heard and considered by this Council, and all protests, both written and oral, were duly heard, considered and overruled, and this Council thereby acquired jurisdiction to order said acquisitions and improvements and the confirmation of said diagram and assessment to pay the costs and expenses thereof; NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED, as follows: 1. That the owners of one -half of the area to be assessed for the cost of the project did not, at or prior to the time fixed for said hearing, file written protests against the said proposed acquisitions and improvements or the grades at which said work is proposed to be done, as a whole or as to any part thereof, or against the said district or the extent thereof to be assessed for the costs and expenses of said acquisitions and improvements, as a whole or as to any part thereof, or against the engineer's estimate of costs and expenses, in whole or in part, or against the maps and descriptions, 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. That the public interest, convenience and necessity require that said acquisitions and improvements be made. 3. That the district benefited by said acquisitions and 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. That said Engineer's Report as a whole and each part thereof, to wit: (a) the plans and specifications for the proposed improvements; (b) the maps and descriptions of the lands and easements to be acquired, if any; (c) the engineer's estimate of the itemized and total costs and expenses of said acquisitions and improvements, and of the incidental expenses in connection therewith; 2 (d) the diagram showing the assessment district and the boundaries and dimensions of the respective subdivisions of land within said district; and (e) the assessment of the total amount of 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 subdivisions, respectively, from said acquisitions and improvements, and of the expenses incidental thereto; are finally approved and confirmed. 5. That final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, maps and descriptions of the lands and easements to be acquired, estimate of the costs and expenses, the diagram and the assessment, as contained in said report, as hereinabove determined and ordered, is intended to and shall refer and apply to said report, or any portion thereof, as amended, modified, 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. That said acquisitions and improvements be made, and that said assessment to pay the costs and expenses thereof is hereby levied. For further particulars pursuant to the provisions of said Municipal Improvement Act of 1913, reference is hereby made to said Resolution of Intention. 7. That based on the oral and documentary evidence, including said Engineer's Report, offered and received at said protest hearing, this Council expressly finds and determines (a) that each of said several subdivisions of land will be specially benefited by said acquisitions and improvements at least in the amount, if not more than the amount, of the assessment apportioned against said subdivisions of land, respectively, and (b) that there is substantial evidence to 3 support, and the weight of said evidence preponderates in favor of, the aforesaid finding and determination as to special benefits. 8. That said Clerk shall forthwith: (a) deliver said assessment to the Superintendent of Streets, together with said diagram, as approved and confirmed by this Council, with a certificate of such confirmation and of the date thereof, executed by said Clerk, attached thereto; and (b) cause a copy of said assessment diagram and a notice of assessment, executed by said Clerk, to be filed and recorded, respectively, in the office of the County Recorder of the County of Alameda, such notice to be in substantially the form provided in Section 3114 of the Streets and Highways Code. Said Superintendent of Streets shall record said assessment and diagram 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 constitute the assessment roll herein. From the date of recording of said notice of assessment, all persons shall be deemed to have notice of the contents of such assessment, and each of such assessments shall thereupon be a lien upon the property against which it is made, and unless sooner discharged such liens shall so continue for the period of four (4) years from the date of said recordation, or in the event bonds are issued to represent said assessments, then such liens shall continue until the expiration of four (4) years after the due date of the last installment upon said bonds or of the last installment of principal of said bonds. The appropriate officer or officers are hereby authorized to pay any and all fees required by law in connection with the above. 4 9. That the Finance Director of the City of Alameda is appointed Collection Officer for said assessments and the person to whom payment of said assessments shall be made, and that the office of said Finance Director, at City Hall, 2263 Santa Clara Avenue, Alameda, California 94501, is designated as the place at which said payments will be made, and the Superintendent of Streets is hereby relieved of all responsibility in connection with collecting assessments. Said Collection Officer, upon said recording of the assessment and diagram, shall cause Notice to Pay Assessments to be mailed and published. Said notice shall state that the assessment has been recorded as provided in Section 10402 of the Streets and Highways Code, and the date thereof, that all sums assessed therein are due and payable immediately and payment thereof is to be made to the Collection Officer at said office within 30 days after said date of recording the assessment, and the effect of failure to pay within such time, including the fact that bonds will be issued pursuant to the Improvement Bond Act of 1915 to represent and upon the security of said assessments which are not paid within said 30 -day period; and, in addition, said notice to be mailed shall contain a designation by street number or other description of the property assessed sufficient to identify same and the amount of the assessment thereon. Said mailed notice shall be mailed 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 County of Alameda, or on file in the office of or as known to said Clerk, or to both addresses if said address is not the same, or to the general delivery when no address so appears; and said published notice shall be published once a week for two successive weeks (with at least five days intervening between the respective publication dates, not counting such dates) in the Alameda Times Star, a newspaper published and circulated in the City of Alameda. 5 10. It is hereby recognized by this Council that in order for certain of the properties herein proposed to be assessed to obtain the benefits which the road improvements herein proposed to be ordered will be designed to confer (being all parcels within the boundary of the assessment district which are not adjacent to the road improvements proposed to be constructed, as described in Exhibit "A" attached to the Resolution of Intention and to be shown on the plans prepared by the Engineer of Work, and which do not have access to said road improvements to be constructed either via existing unimproved roads and /or rights of way therefor), such access must be acquired. It is therefore resolved, subject only to confirmation of the herein proposed assessment for the herein proposed acquisitions and improvements, as follows: (a) All lands, easements or rights of way necessary for such access will be acquired by condemnation by this City (except as to lands with respect to which the City has no power to condemn) if necessary, in which event the road improvements on such acquired lands, easements or rights of way shall be constructed to applicable City standards, with the costs of acquiring such access and constructing such road improvements to be borne by the landowners benefited thereby either by such landowner's cash payments, by special assessment proceedings, advance by the City subject to reimbursement, any other appropriate method, or a combination thereof; and (b) The owners and occupants of the lots, tracts, pieces and parcels of land lying within the boundaries of the assessment district shall at all times hereafter be entitled to the use and benefit of the road improvements to be acquired and constructed herein, and that right, permission, privilege and authority are hereby given and granted to the present and future owners and occupants of the lands within said assessment district to connect all road improvements which may hereafter be constructed within said assessment district by them, or on their behalf, with said road improvements to be acquired and constructed in these proceedings. ^^^^*^^^*^^*^^« I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted by the Council of the City of Alameda in regular meeting assembled on the 2nd day of March , 1982, by the following vote, to wit: AYES: Councilmen DiD0ent, Gorman, Sherratt, Stone and President Corica - 5. NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 3rd day of March , 1982. 7 �-44' City 'Cler o- the City b—A'