Resolution 12198RESOLUTION NO. 12198
A RESOLUTION PRELIMINARILY APPROVING ENGINEER'S REPORT,
APPOINTING TIME AND PLACE OF HEARING PROTESTS AND DIRECTING
ACTIONS WITH RESPECT THERETO
CITY OF ALAMEDA
Harbor Bay Business Park Assessment District 92 -1
RESOLVED by the City Council (the "Council ") of the City of Alameda (the "City "),
County of Alameda, State of California, that:
WHEREAS, on February 4, 1992, this Council adopted Resolution No. 12197, a
Resolution of Intention to Make Acquisitions and Improvements, in which the acquisitions and
improvements were referred to the Engineer of Work for the purpose of making and filing a report
in writing under and pursuant to the Municipal Improvement Act of 1913 (the "Report "); and
WHEREAS, the Report has been made and filed and duly considered by this Council;
NOW, THEREFORE, IT IS ORDERED as follows:
1. The Report as a whole and each part thereof, to wit:
(a) the plans and specifications for the proposed improvements;
(b) the maps and descriptions of the lands and easements to be acquired, if any;
(c) the engineer's estimate of the itemized and total costs and expenses of the
acquisitions and improvements, and of the incidental expenses in connection therewith;
(d) the diagram showing the assessment district and the boundaries and
dimensions of the respective subdivisions of land within the district; and
(e) the assessment of the total amount of the costs and expenses of the proposed
acquisitions and improvements upon the several subdivisions of land in the district in
proportion to the, estimated benefits to be received by the subdivisions, respectively, from
the acquisitions and improvements, and of the expenses incidental thereto; are sufficient
and are preliminarily approved.
2. The Report shall stand as the Engineer's Report for the purpose of all subsequent
proceedings herein.
3. Tuesday, March 17, 1992, at the hour of 7:30 o'clock p.m. in the regular meeting
place of this Council, City Hall, 2263 Santa Clara Avenue, Alameda, California, be, and the same
are hereby appointed and fixed as the time and place when and where this Council will consider
and finally determine whether the public interest, convenience and necessity require the
acquisitions and improvements, and when and where it will consider and finally act upon the
Engineer's Report.
4. The City Clerk shall cause notice of the hearing to be given by publication once a week
for two weeks in the Alameda Times Star, a newspaper published and circulated in the City of
AIameda, and by conspicuous posting along all the open streets within the assessment district at
not more than three hundred feet apart, and not less than three in all. The first publication of the
notice shall be made and the posting shall be completed at least twenty days before the date herein
set for the hearing. The notices shall be headed "NOTICE OF IMPROVEMENT" (in letters of not
less than one inch in height on the posted notice) and shall, in legible characters, state and contain:
the fact and date of the passage of the Resolution of Intention, the filing of the Engineer's Report,
the date, hour and place set for and the purpose of the hearing on the Resolution of Intention and
Engineer's Report and of protests; the total estimated cost, and a brief description of the proposed
acquisitions and improvements; that any person interested may file a protest in writing as provided
in Division 12 of the Streets and Highways Code of California; and reference to the Resolution of
Intention and Engineer's Report for further particulars.
5. The City Clerk shall also cause notice of the hearing to be mailed, postage prepaid, at
Ieast twenty days before the date herein set for the hearing, to all persons owning real property to
be assessed whose names and addresses appear on the last equalized assessment roll for general
taxes or are known to the City Clerk. The notices shall contain, in addition to the matters provided
above for the notice to be published and posted, the amount, as shown by the Engineer's Report,
to be assessed against the particular parcel covered by each such notice, respectively. The notices
shall be mailed to such owners at their addresses as same appear on the assessment roll, or as
known to the City Clerk, or to both if not the same.
6. The proposed boundaries of the assessment district are hereby described as shown on
a map thereof filed in the office of the City Clerk, which indicates by a boundary line the extent of
the territory included in the proposed assessment district and which shall govern for all details as to
the extent of such district, reference to such map being hereby made for particulars. The map
contains the name of the City and a distinctive designation in words or by number of the district
shown thereon.
7. The City Clerk shall endorse certificates on the original and at least one copy of the
map evidencing the aforesaid filing and the date and adoption of this resolution, and within 15 days
after adoption of this resolution, and in no event later than 15 days prior to the hearing, shall file a
copy thereof with the County Recorder of the County of Alameda, in which County all of such
proposed assessment district is located. The County Recorder shall endorse on the copy of the
map the time and date of filing and shall fasten the same securely in a book of maps of assessment
districts which he shall keep in his office, and index such map by the name of the City and by the
distinctive designation of the district as shown on such map.
* * * : * * * * * * * *
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 fourth day of
February, 1992, by the following vote to wit:
AYES: Councilmembers Arnerich, Camicia, Lucas, Roth
and President Withrow - 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 fifth day of February, 1992.
Diane B. Felsch, City Clerk
City of Alameda