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Resolution 11824RESOLUTION NO, 11823 A RESOLUTION PRELIMINARILY APPROVING ENGINEER'S REPORT, APPOINTING TIME AND PLACE OF HEARING PROTESTS AND DIRECTING NOTICE THEREOF, AND DESCRIBING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT AND DIRECTING FILING OF BOUNDARY MAP CITY OF ALAMEDA Marina Village Assessment District 89 -1 RESOLVED, by the City Council (the "Council ") of the City of Alameda (the "City "), County of Alameda, California, that WHEREAS, on September 6 , 1989, this Council adopted Resolution No118n a Resolution of Intention to Make Acquisitions and Improvements, in which said acquisitions and improvements were referred to the Engineer of Work for the purpose of making and filing a report in writing under and pursuant to the Municipal Improvement Act of 1913; and WHEREAS, said report has been made and filed and duly considered by this Council; NOW, THEREFORE, IT IS ORDERED, as follows: 1. Said 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; (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 sufficient and are preliminarily approved. 2. Said report shall stand as the Engineer's Report for the purpose of all subsequent proceedings herein. 3. Tuesday, October 17, 1989, 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, be, and the same are hereby appointed and fixed as the time and place when and where this Council will consider and finally determine whether the public interest, convenience and necessity require said acquisitions and improvements, and when and where it will consider and finally act upon said Engineer's Report. 4. The City Clerk shall cause notice of said hearing to be given by publication once a week for two weeks in the Alameda Times Star, a newspaper published and circulated in the City of Alameda, and by conspicuous posting along all the open streets within said assessment district at not more than three hundred feet apart, and not less than three in all. The first publication of said notice shall be made and said posting shall be completed at least twenty days before the date herein set for said hearing. Said notices shall be headed "Notice of Improvement" (in letters of not less than one inch in height on the posted notice) and shall, in legible characters, state and contain: the fact and date of the passage of said Resolution of Intention, the filing of said report, the date, hour and place set for and the purpose of the hearing on said resolution and report and of protests; the total estimated cost, and a brief description of the proposed acquisitions and improvements; that any person interested may file a protest in writing as provided in Division 12 of the Streets and Highways Code; and reference to said resolution ,and report for further particulars. 5. Said Clerk shall also cause notice of said hearing to be mailed, postage prepaid, at least twenty days before the date herein set for said hearing, to all persons owning real property to be assessed whose names and addresses appear on the last equalized assessment roll for general taxes or are known to said Clerk. Said notices shall contain, in addition to the matters provided above for the notice to be published and posted, the amount, as shown by said report, to be assessed against the particular parcel covered by each such notice, respectively. Said notices shall be mailed to such owners at their addresses as same appear on said assessment roll, or as known to said Clerk, or to both if not the same. 6. The proposed boundaries of said assessment district are hereby described as shown on a map thereof filed in the office of said Clerk, which indicates by a boundary line the extent of the territory included in the proposed assessment district and which shall govern for all details as to the extent of such district, reference to such map being hereby made for particulars. Said map contains the name of said City and a distinctive designation in words or by number of the district shown thereon. 7. Said Clerk shall endorse certificates on the original and at least one copy of said map evidencing the aforesaid filing and the date and adoption of this resolution, and within 15 days after adoption of this resolution, and in no event later than 15 days prior to said hearing, shall file a copy thereof with the County Recorder of the County of Alameda, in which County all of such proposed assessment district is located. The County Recorder shall endorse on said copy of said map the time and date of filing and shall fasten the same securely in a book of maps of assessment districts which he shall keep in his office, and index such map by the name of said City and by the distinctive designation of the district as shown on such map. * * * * * * * * * * ** vote: PASSED AND ADOPTED this 6th day of Sept. , 1989, by the following AYES: Councilmembers Arnerich, Camicia, Withrow and President Corica - 4. NOES: Councilmember Thomas - 1, ABSENT/ABSTAIN: ATTEST: None. City Clerk APPROVED: Mayor CITY ATTORPril CITY OF ALAMEDA RESOLUTION NO. 11824 REJECTING ALL BIDS AND AUTHORIZING NEGOTIATING IN THE OPEN MARKET, PURSUANT TO SECTION 3 -15 OF THE CITY CHARTER, FOR BAYVIEW SHORELINE ENHANCEMENT, NO. P.W. 8 -88 -12 WHEREAS, on August 15, 1989, the Council of the City of Alameda adopted the plans and specifications and called for bids for Bayview Shoreline Enhancement, No. P.W. 8- 88 -12; and WHEREAS, the one bid received was opened on September 7, 1989, and was in an amount nearly 70% higher than the Engineer's estimate of $100,000; and WHEREAS, in accordance with Section 3 -15 of the City Charter, the Council may determine that public work or improvements can be performed more economically without contract in the open market; and WHEREAS, subsequent to the bid opening the City was contacted by an interested contractor who believes he may be able to perform the work at a more competitive price; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that said council hereby rejects all bids submitted for Bayview Shoreline Enhancement, No. P.W. 8- 88 -12; BE IT FURTHER RESOLVED that pursuant to Section 3 -15 of the City Charter the Public Works Director is hereby authorized to negotiate in the open market, without formal bidding procedures, for construction of said project. * * 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 19th of September, 1989, by the following vote to wit: AYES: Councilmembers Camicia, Thomas, Withrow and Acting President Arnerich. - 4. NOES: None. ABSENT: Mayor Corica - 1. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 20th day of September, 1989.