Resolution 10923CITY OF ALAMEDA
RESOLUTION NO. 10923
A RESOLUTION APPROVING ENGINEER'S REPORT, CONFIRMING
DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENTS
ISLAND CITY LANDSCAPING & LIGHTING DISTRICT 84 -2
RESOLVED, by the City Council of the City of Alameda, County of
Alameda, California, that
WHEREAS, by its Resolution Directing Preparation of Annual Report for
Maintenance Assessment District, Island City Landscaping & Lighing District
84 -2 (the "District "), adopted May 20, 1986, this Council designated John H.
Heindel, Consulting Civil Engineer, as Engineer and ordered said Engineer to
make and file a report in writing in accordance with and pursuant to the
Landscaping and Lighting Act of 1972;
WHEREAS, said 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 said report should stand as the
Engineer's Report for all subsequent proceedings under and pursuant to the
aforesaid resolution, and that June 3, 1986, at the hour of 7 :30 o'clock
p.m., in the regular meeting place of this Council, City 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 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
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 said levy and the confirmation of the diagram and assessment prepared
by and made a part of the report of said Engineer to pay the costs and
expenses thereof;
NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED, 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
said hearing, filed written protests against the said proposed levy, 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 levy 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 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 said
levy be made.
3. The District benefited by said 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. Said Engineer's report as a whole and each part thereof, to wit:
(a) the Engineer's estimate of the itemized and total costs and
expenses of maintaining said improvements and of the incidental
expenses in connection therewith;
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(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 said district; and
(c) the assessment of the total amount of the cost and expenses
of the proposed maintenance of said improvements upon the several lots
and parcels of land in said District in proportion to the estimated
benefits to be received by such lots and parcels, respectively, from
said 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 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, or revised or
corrected by, or pursuant to any in accordance with, any resolution or
order, if any, heretofore duly adopted or made by this Council.
6. Said assessment to pay the costs and expenses of the maintenance
of said improvements is hereby levied. For further particulars pursuant to
the provisions of said Landscaping and Lighting Act of 1972, reference is
hereby made to said Resolution Directing Preparation of Annual Report.
7. Based on the oral and documentary evidence, including said
Engineer's Report, offered and received at said hearing, this Council
expressly finds and determines (a) that each of said several lots and
parcels of land will be specially benefited by the maintenance of said
improvements at least in the amount, if not more than the amount, of the
assessment apportioned against said lots and parcels of land, respectively,
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and {b) that there is substantial evidence to support, and the weight of
said evidence preponderates in favor of, the aforesaid finding and
determination as to special benefits.
Pursuant to a written request by the owner thereof duly filed with the
City Clerk, the property designated Alameda Marina Village, as shown on the
diagram included in said Engineer's Report, is hereby annexed to the
District as Zone 6 thereof and, further, pursuant to a written request of
the owner thereof, that portion of Harbor Bay Business Park including Harbor
Bay Parkway from Road "Z" to Road "U ", South Loop Road and the appurtenant
Lake Feature be included in Zone 5 of said District.
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. 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 Finance
Director of this City.
9. Upon receipt of moneys representing assessments collected by the
County, the Finance Director of this City shall deposit the moneys in the
City Treasury to the credit of an improvement fund, which improvement fund
the Finance Director of this City is hereby directed to establish under the
distinctive designation of said District. Moneys in said improvement fund
shall be expended only for the maintenance of said 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 3rd of June, 1986,
by the following vote to wit:
AYES: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5.
NOES: None.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 4th day of June, 1986.
City C
f the City of Alameda