Resolution 13858CITY OF ALAMEDA RESOLUTION NO. 13 8 5 8
ORDERING THE FORMATION OF A MAINTENANCE ASSESSMENT
DISTRICT AND CONFIRMING THE DIAGRAM AND ASSESSMENT, CITY OF
ALAMEDA MAINTENANCE ASSESSMENT DISTRICT 01 -01
WHEREAS, on February 15, 2005, the City Council adopted Resolution No. 13816,
Appointing an Engineer and an Attorney for City of Alameda Maintenance District 01 -01, and
directed said Engineer to prepare a written report; and
WHEREAS, said report was duly made and filed with the City Clerk and was
presented to the City Council for consideration; and
WHEREAS, said Council considered said report and each and every part hereof and
found that it contained all the matters and things called for by the provisions of said Code and said
Resolution No. 13416, including (1) plans and specifications of the existing improvements and
proposed improvements, (2) estimate of costs (3) diagram of the district, and (4) an assessment
according to the benefits, all of which was done in the form and manner required by such Code; and
WHEREAS, 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 21, 2005, 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 of protests in relation to the formation of a maintenance assessment
district pursuant to the City of Alameda Maintenance Procedure Code, to said proposed
improvements and the levy of the proposed assessment; and
WHEREAS, it appears that notices of said hearings were duly and regularly published
and mailed in the time, form and manner required by said Code, as evidence by the affidavits and
certificates on file with said City Clerk; and
WHEREAS, persons interested in objecting to the formation of said maintenance
assessment district, or of said improvements, including the maintenance or servicing, or both,.
Thereof, or to the extent of the maintenance assessment district, or any zones therein, or to the
proposed assessment or diagram, or to the Engineer's estimate of costs thereof, 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 confiiiiiation 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.
The public interest, convenience and necessity require that the levy be made.
3. The District benefited by the improvements is to be assessed for said costs for
the construction or installation of the improvements, including the maintenance or servicing, or both,
thereof, are situated in the City of Alameda, California, 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. That said district be, and is hereby designated as "City of Alameda
Maintenance Assessment District 01 -01" by which name it shall hereafter be referred to in all
subsequent proceedings, including proceedings for the levy and collection of assessments.
5. 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 or parcels of land in the District in
proportion to the estimated benefits to be received by such lots and parcels, respectively, from said
improvements, including the maintenance or servicing, or both, thereof, and of the expenses
incidental thereto, is finally approved and confirmed.
6. 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.
7. 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.
8. 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.
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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 the regular meeting of the City
Council on the 21st day of June, 2005, by the following vote to wit:
AYES:
NOES:
ABSENT: None.
ABSTENTIONS: None.
Councilmembers Daysog, deHaan, Gilmore, Matarrese
and Mayor Johnson — 5.
None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City
this 22nd day of June, 2005,
Lara Weisiger, City Cl
City of Alameda