Resolution 13358CITY OF ALAMEDA RESOLUTION NO. 13358
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. 13311, a resolution directing preparation of
Annual Report for Island City Landscaping and Lighting District 84 -2, this Council designated Cheri
Sheets, Deputy Public Works Director /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, June 19, 2001, at the hour of 7:30
o'clock p.m., in the regular meeting place of this Council, Council Chambers, Alameda City Hall,
2263 Santa Clara Avenue, 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, 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 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 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.
2. The public interest, convenience and necessity require that the levy be made.
3. 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.
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 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.
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 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.
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 he 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 upon 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 a regular meeting assembled on the
19th day of June, 2001, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and
Mayor 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
20th day of June, 2001.
D ane Felsch, City Clerk
City of Alameda