Resolution 13475CITY OF ALAMEDA RESOLUTION No.13475
ORDERING THE FORMATION OF A MAINTENANCE ASSESSMENT DISTRICT
AND CONFIRMING THE DIAGRAM AND ASSESSMENT
City of Alameda Maintenance Assessment District 01-01
WHEREAS, on December 4, 2001, the City Council adopted Resolution No. 13416,
Determining to Undertake proceedings for the formation of a maintenance assessment district
pursuant to the City of Alameda Maintenance Procedure Code, as contained in Chapter 3, Article
V of the Alameda Municipal Code, and Resolution No. 13417, 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. 13417, 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, May
21, 2002, 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 A venue, 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 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, BE IT RESOLVED by the City Council 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 the formation of a maintenance
assessment district and the levy and collection of assessments pursuant to said Code, for the
construction or installation of the improvements, including the maintenance or servicing, or both,
thereof, more particularly described in the Engineer's Report and made a part hereof by reference
thereto, which district is hereby formed.
3. The District benefited by the improvements is to be assessea 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 01-0 I" 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 ofthe 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 anc;l regularly
adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 18th
day of June, 2002, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Johnson, and Kerr -4.
NOES: None.
ABSENT: Mayor Appezzato -1.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this
19th day of June, 2002.
Levo UJv;;, lSk
Lara Weisiger, City C
City of Alameda