Resolution 12562CITY OF ALAMEDA RESOLUTION NO. 12562
APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND
ASSESSMENT, ANNEXING FIVE ADDITIONAL PARCELS IN ZONE 5,
AND ORDERING LEVY OF ASSESSMENTS, ISLAND CITY LANDSCAPING
& LIGHTING DISTRICT 84-2
WHEREAS, by its Resolution No. 12510, a resolution directing
preparation of Annual Report for Island City Landscaping and
Lighting District 84-2, this Council designated the City Engineer,
as Engineer of Work and ordered said Engineer of Work to make and
file a report in writing in accordance with and pursuant to the
Landscaping and Lighting Act of 1972; and
WHEREAS, the 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
the report should stand as the Engineer's Report for all subsequent
proceedings under and pursuant to the aforesaid resolution, and
that on Tuesday, August 2, 1994, 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, was -
appointed as the time and place for a hearing by this Council on 9
the question question of the levy of the proposed assessment, notice of
which hearing was duly and regularly published; and CI
WHEREAS, at the appointed time and place the 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 the levy were fully heard and considered by this
Council, and all oral statements and all written protests or r
communications were duly heard, considered and overruled, and this
Council thereby acquired jurisdiction to order the levy and the
confirmation of the diagram and assessment prepared by and made a
part of the Engineer's Report to pay the costs and expenses
thereof.
NOW, THEREFORE, IT IS RESOLVED, that:
1. The proposed annexation of five additional parcels in
Zone 5 are hereby approved.
2. The property owners owning more than fifty percent (50%)
of the area of assessable lands within the District had not, at the
conclusion of the hearing, filed written protests against the
proposed levy, 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 levy as a whole, or as to any part thereof, or
against the Engineer of Work'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.
3. The public interest, convenience and necessity require
that the levy be made.
4. The District benefited by the improvements are 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.
wit:
5. The Engineer's Report as a whole and each part thereof to
(a) the Engineer of Work's estimate of the itemized and
total costs and expenses of maintaining the improvements and
of the incidental expenses in connection therewith;
(b) the diagram showing the assessment district, plans
and specification for the improvements to be 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 of the proposed maintenance of the improvements upon
the several lots and parcels of land in the District in
proportion to the estimated benefits to be received by such
lots and parcels, respectively, from the maintenance, and of
the expenses incidental thereto; is finally approved and
confirmed.
6. Final adoption and approval of the Engineer's Report as a
whole, and of the plans and specifications, the estimate of the
costs and expenses, the diagram and the assessment, as contained in
the report, as hereinabove determined and ordered, shall refer and
apply to the report, or any portion thereof, as amended, modified,
or 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.
7. The assessment to pay the costs and expenses of the
maintenance of the improvements is hereby levied. For further
particulars pursuant to the provisions of the Landscaping and
Lighting Act of 1972, reference is hereby made to the Resolution
directing preparation of Annual Report.
8. Based on the oral and documentary evidence, including the
Engineer's Report, offered and received at the hearing, this
Council expressly finds and determines (a) that each of the several
lots and parcels of land will be specially benefited by the
maintenance of the improvements at least in the amount, if not more
than the amount, of the assessment apportioned against the 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, the aforesaid findings and determination as to special
benefits.
9. 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 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 Director of Finance of this City.
10. Upon receipt of moneys representing assessments collected
by the County, the Director of Finance of this City of Alameda
shall deposit the moneys in the City Treasury to the credit of an
improvement fund, which improvement fund the Director of Finance of
this City is hereby directed to establish under the distinctive
designation of the District. Moneys in the improvement fund shall
be expended on for the maintenance of the 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 2nd day of
August , 1994, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Councilmembers Appezzato, Arnerich, Lucas,
Roth and President Withrow - 5.
None.
None.
None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 3rd day of August , 1994.
Diane B. Felsch, City Clerk
City of Alameda