Resolution 12913cnrn
CV-
CITY OF ALAMEDA RESOLUTION NO. 12913
APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND
ASSESSMENT AND ORDERING LEVY OF ASSESSMENTS, ISLAND CITY
LANDSCAPING & LIGHTING DISTRICT 84-2
WHEREAS, by its Resolution No. 12856, a resolution
directing preparation of Annual Report for Island City Landscaping
and Lighting District 84-2, this Council designated James S.
Sanderson, 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
Igproceedings under and pursuant to the aforesaid resolution, and
that on Tuesday, July 15, 1997, at the hour of 7:30 o'clock p.m.,
in the regular meeting place of this Council, Council Chambers,
Alameda High School, West Wing, Corner of Central Avenue and Walnut
Street, Alameda, California, was 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, pursuant to Article XIIID section 4, each
property owner within said district was mailed a Written notice of
the proposed assessment, the entire amount chargeable to the
district, the amount chargeable to each owner's individual parcel,
the duration of such payments, the reason for such asessment and
the basis upon which the amount of the proposed assessment was
calculated, the time, date and location of the public hearing on
the proposed assessment, along with a summary of the procedures
applicable to the completion, return, and tabulation of the ballots
and a disclosure that the existence of a majority protest will
result in the assessment not being imposed; and
WHEREAS, at the appointed time and place the hearing was
duly and regularly held, all ballots were tabulated 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 communications were duly heard, considered
and overruled.
NOW, THEREFORE, BE IT IS RESOLVED by the City Council of
the City of Alameda that:
1. The City Council hereby finds that written protests
have been filed and not withdrawn representing property owners
owning less than 510F6 of the area of assessable land within the
District. The City Council hereby further finds that a majority
protest does not exist as defined in Section 4(e) of Article XIIID
of the California Constitution.
2. The public interest, convenience and necessity
require that the levy be made.
3. The District benefitted by the improvements is 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 to whit:
(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 resp,ective 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 special benefits to be received by
such lots and parcels, respectively, from the maintenance, and
of the expenses incidental thereto; is finally approved and
confirmed.
5. 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.
6. 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.
7. 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 benefitted 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,(b) that each parcel shall be
assessed in an amount which is directly in proportion to the
special benefit conferred and in an amount which does not exceed
the reasonable cost of the proportional special benefit conferred
on each parcel, and (c) that there is substantial evidence to
support the aforesaid findings and determination as to special
benefits.
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 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.
9. 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 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 15th
day of July , 1997, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Kerr, Lucas
and President Appezzato - 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 16th day of July , 1997.
Diane Felsch, City Clerk
City of Alameda