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Resolution 12429CITY OF ALAMEDA RESOLUTION NO. 12429 APPROVING ENGINEER'S REPORT CONFIRMING DIAGRAM AND ASSESSMENT ORDERING IMPROVEMENTS AND FORMATION OF THE BAY FARM ISLAND DIKE ASSESSMENT DISTRICT, AND LEVYING FIRST ASSESSMENT CITY OF ALAMEDA Bay Farm Island Dike Assessment District No. 93-1 RESOLVED, by the City Council (the "Council") of the City of Alameda, (the "City"), County of Alameda (the "County"), California, that WHEREAS, by its Resolution No. 12376, the Council initiated proceedings for the formation of a maintenance assessment district under the mandate of the Maintenance Agreement for the Bay Farm Island Dike, dated November 18, 1992 and directed the making and filing of a report in writing, all in accordance with and pursuant to the Alameda Maintenance Procedures Code, Article V of Title III of the Alameda Municipal Code, (the "Code"); WHEREAS, the report was duly made and filed and duly considered by this Council and, by Resolution No. 12400, found it to be sufficient in every particular, whereupon it was determined that the report should stand as the engineer's report (the "Report") for all subsequent proceedings under and pursuant to that cl) >- Resolution, and that July 6, 1993 and July 20, 1993, at the hour of O c.) - 7:30 o'clock p.m., in the regular meeting place of the Council, Council Chambers, City hall, 2263 Santa Clara Avenue, Alameda, CL CL California, were appointed as the times and places for two hearings by the Council on the question of the formation of the proposed benefit assessment district and levy of the proposed assessment, notice of which hearings was given as required by law; and WHEREAS, at the appointed times and places the hearings were duly and regularly held, and all interested persons were afforded an opportunity to hear and be heard, and all matters and things pertaining to the formation and levy were fully heard and considered by the Council, and all oral statements and all written protests or communications . were duly heard, considered and overruled, and this Council thereby acquired jurisdict4on to order the formation and levy and the confirmation of the diagram and assessment prepared by and made a part of the Report; NOW, therefore, it is found, determined and ordered as follows: 1. No Majority Protest: Protests Overruled. The property owners owning more than fifty percent (50%) of the area of assessable lands within the proposed benefit assessment district had not, at the conclusion of the hearing, filed written protests against the proposed formation and levy, as a whole or as to any part thereof, or against the said proposed district or the extent thereof to be assessed for the costs and expenses of said formation and levy as a whole, or as to any part thereof, or against the Report of the 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, and said protests and each of them are hereby overruled. 2. Public Interest. The public interest, convenience and necessity require that the proposed formation and levy be made. 3. Map and Designation. The benefit assessment district benefitted by the proposed improvements and to be assessed to pay its costs and expenses and its exterior boundaries are as shown by a map filed in the office of the City Clerk, which map is by this reference made a part of this Resolution. 4. Report Approval. The Report as a whole and each of its part thereof, are hereby approved, to wit: (a) the Engineer's estimate of the itemized and total costs and expenses of the improvements and of the incidental expenses in connection with them; (b) the diagram showing the District, plans and specifications for the improvements to be made and/or maintained and the boundaries and dimensions of the respective lots and parcels of land within the District; and (c) the assessment of the total amount of the cost and expenses, including incidental expenses, of the proposed improvements upon the several lots and parcels of land in the District in proportion to the estimated benefits to be received by the lots and parcels, respectively, from those improvements. 5. Report Governs. 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 the Report, as determined and ordered in this Resolution, is intended to and shall refer and apply to the Report, or any portion of it, as amended, modified, or revised or corrected by, or pursuant to and in accordance with, any resolution or order, if any, previously duly adopted or made by the Council. 6. Benefits Determined. Based on the oral and documentary evidence, including the Engineer's Report, offered and received at the hearing, the Council expressly finds and determines (a) that each of the several lots and parcels of land in the District will be specially benefitted by the improvements at least in the amount, if not more than the amount, of the assessment apportioned against those lots and parcels of land, respectively, and (b) that there is substantial evidence to support, and the weight of the evidence preponderates in favor of, this finding and determination as to special benefits. 7. District Formed. The maintenance benefit assessment district be formed, and that the assessment to pay the costs and expenses of the improvements is hereby levied. 8. Filings and Collection of Assessments. Immediately upon the adoption of this Resolution, but in no event later than the third Monday in August following adoption, the City Clerk shall file a certified copy of the diagram and assessment and a certified copy of this Resolution with the County Auditor. Upon this filing, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount of assessment upon it as shown in the assessment. The assessment 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, the net amount of the assessments, after deduction of any compensation due the County for collection, shall be paid to the Treasurer of the City. 9. Disposition of Moneys. Upon receipt of moneys representing assessments collected by the County, the Treasurer shall deposit the moneys in the City Treasury to the credit of an improvement fund, which improvement fund the Treasurer is hereby directed to establish under the distinctive designation of "City of Alameda Bay Farm Island Dike Assessment District." Moneys in the improvement fund shall be expended only for costs and incidental expenses related to repairs required as a result of a "major failure" in the dike as defined in the Maintenance Agreement for Bay Farm Island dated November 18, 1992. 10. Assessment for 1993 -94. The Assessment for 1993 -94 shall be -0- per each parcel in the district. Revised 7/21/93 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 20th day of July , 1993, by the following vote to wit: AYES: Councilmembers Arnerich, Lucas and Acting President Roth - 3. NOES: None. ABSENT: None. ABSTENTIONS: Councilmember Appezzato and Mayor Withrow - 2. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 21st day of July , 1993.