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Resolution 12220RESOLUTION NO 12220 A RESOLUTION ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT, ORDERING THE WORK AND ACQUISITIONS AND DIRECTING ACTIONS WITH RESPECT THERETO CITY OF ALAMEDA Harbor Bay Business Park Assessment District 92 -1 RESOLVED by the City Council (the "Council ") of the City of Alameda (the "City "), County of Alameda, State of California, that: WHEREAS, on February 4, 1992, this Council adopted Resolution No. 12197, A Resolution of Intention to Make Acquisitions and Improvements, and in it 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; 4 WHEREAS, the report was made and filed, and 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 Resolution of Intention, and Tuesday, March 17, 1992, at the hour of 7:30 o'clock p.m., in the meeting place of this Council, City Hall, 2263 Santa Clara Avenue, Alameda, California, were appointed as the time and place for hearing protests in relation to the proposed acquisitions and improvements, notices of which hearing were posted, mailed and published; and WHEREAS, the hearing was held, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to the 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 the acquisitions and improvements and the confirmation of the diagram and assessment to pay the costs and expenses thereof; NOW, THEREFORE, IT IS ORDERED as follows: 1. 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 the hearing, file written protests against the the proposed acquisitions and improvements or the grades at which the work is proposed to be done, 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 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. The public interest, convenience and necessity require that the acquisitions and improvements be made. 3. The district benefited by the 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. The Engineer's Report as a whole and each part thereof, are hereby approved and confirmed 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 the 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 the 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 the district in proportion to the estimated benefits to be received by the subdivisions, respectively, from the acquisitions and improvements, and of the expenses incidental thereto. When any portion or percentage of the costs and expenses of the acquisitions and improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of the acquisitions and improvements, and the assessment shall include only the remainder of the estimated cost and expenses. 5. 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 the Engineer's Report, as hereinabove determined and ordered, is intended to and shall refer and apply to the Engineer's 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. The acquisitions and improvements be made, and that the assessment to pay the costs and expenses thereof is hereby levied. For further particulars pursuant to the provisions of the Municipal Improvement Act of 1913, reference is hereby made to the Resolution of Intention. 7. Based on the oral and documentary evidence, including the Engineer's Report, offered and received at the protest hearing, this Council expressly finds and determines (a) that each of the several subdivisions of land will be specially benefited by the acquisitions and improvements at least in the amount, if not more than the amount, of the assessment apportioned against the subdivisions of land, respectively, and (b) that there is substantial evidence to support, and the weight of the evidence preponderates in favor of, the aforesaid finding and determination as to special benefits. 8. The City Clerk shall forthwith: (a) deliver the assessment to the Officer of the City who is the Superintendent of Streets, together with the diagram, as approved and confirmed by this Council, with a certificate 'f such confirmation and of the date thereof, executed by the City Clerk, attached thereto. The Superintendent of Streets shall record the 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. 2 (b) cause a copy of the assessment diagram and a notice of assessment, executed by the City 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 of California. From the date of recording of the 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 ten (10) years from the date of the recordation, or in the event bonds are issued to represent the assessments, then such liens shall continue until the expiration of four (4) years after the due date of the last installment upon the bonds or of the last installment of principal of the bonds. The appropriate officer or officers are hereby authorized to pay any and all fees required by law in connection with the above. 9. The Finance Director of the City is appointed Collection Officer for said assessments and the person to whom payment of the assessments shall be made, and that the office of the Finance Director, at 2263 Santa Clara Avenue, Alameda, California, is designated as the place at which said payments will be made, and the Superintendent of Streets is hereby relieved of all responsibility for collecting assessments. The Collection Officer, upon said recording of the assessment and diagram, shall cause Notice to Pay Assessments to be mailed and published. The notice shall state that the assessment has been recorded as provided in Section 10402 of the Streets and Highways Code of California, 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 the Collection Officer's 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 the assessments which are not paid within the 30 -day period; and, in addition, the 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. The mailed notice shall be mailed to each owner of real property within the assessment district at his or her 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 the City Clerk, or to both addresses if the address is not the same, or to the general delivery when no address so appears; and the 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. * * * * * * * * * * * * 3 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 17th day of March , 1992, by the following vote to wit: AYES: Councilmembers Arnerich, Camicia, Lucas, Roth and President Withrow - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 18th day of March , 1992. ,.„1 / ,et Diane B. Felsch, City Clerk City of Alameda