Resolution 10087RESOLUTION NO. 10087
A RESOLUTION OF PRELIMINARY DETERMINATION
AND OF INTENTION TO
MAKE ACQUISITIONS AND IMPROVEMENTS
HARBOR BAY BUSINESS PARK
ASSESSMENT DISTRICT 83 -1
RESOLVED, by the City Council of the City of Alameda, County of Alameda,
California, that it does hereby preliminarily determine that the public
interest, convenience and necessity require, and that it intends to order the
making of the acquisitions and improvements described in Exhibit "A" attached
hereto and made a part hereof.
1. Except as herein otherwise provided for the issuance of bonds, all
of said work shall be done as provided in the Municipal Improvement Act of
1913 and Section 19 of Article XVI of the Constitution of the State of
California.
2. All of said work and improvements are to be constructed at the
places and in the particular locations, of the forms, sizes, dimensions and
materials, and at the lines, grades and elevations, as shown and delineated
upon the plans, profiles and specifications to be made therefor, as
hereinafter provided. There is to be excepted from the work above described
any of such work already done to line and grade and marked excepted or shown
not to be done on said plans, profiles and specifications. Whenever any
public way is herein referred to as running between two public ways, or from
or to any public way, the intersections of the public ways referred to are
included to the extent that work is shown on said plans to be done therein.
Said streets and highways are or will be more particularly shown in the
records in the office of the County Recorder of County of Alameda, State of
California, and shall be shown upon said plans.
3. Notice is hereby given of the fact that in many cases said work and
improvements will bring the finished work to a grade different from that
formerly existing, and that to said extent said grades are hereby changed and
that said work will be done to said changed grades.
4. In cases where there is any disparity in level or size between the
improvements proposed to be made herein and private property and where it is
more economical to eliminate such disparity by work on said private property
than by adjustment of the work on public property, it is hereby determined
that it is in the public interest and more economical to do such work on
private property to eliminate such disparity. In such cases, said work on
private property shall, with the written consent of the owner of said
property, be done and the actual cost thereof may be added to the proposed
assessment of the lot on which said work is to be done..
5. This Council does hereby adopt and establish as the official grades
for said work the grades and elevations to be shown upon said plans, profiles
and specifications. All such grades and elevations are to be in feet and
decimals thereof with reference to the datum plane of this City.
6. The descriptions of the acquisitions and improvements and the
termini of the work contained in this Resolution are general in nature. All
items of work do not necessarily extend for the full length of the description
thereof. The plans and profiles of the work and maps and descriptions as
contained in the Engineer's Report, hereinafter directed to be made and filed,
shall be controlling as to the correct and detailed description thereof.
7. Said contemplated acquisitions and improvements, in the opinion of
this Council, are of more than local or ordinary public benefit, and the costs
and expenses thereof are made chargeable upon an assessment district, the
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exterior boundaries of which are shown on a map thereof on file in the office
of the City Clerk, to which reference is hereby made for further particulars.
Said map indicates by a boundary line the extent of the territory included in
the proposed district and shall govern for all details as to the extent of the
assessment district.
8. This Council declares that all public streets, highways, lanes and
alleys within said assessment district in use in the performance of a public
function, and all lands owned by any public entity, including the United
States and the State of California, or any departments thereof, shall be
omitted from the assessment hereafter to be made to cover the costs and
expenses of said acquisitions and improvements.
9. Said acquisitions and improvements are hereby referred to M &M
Consultants as Engineer of Work for this assessment district, a competent
person employed by this City for the purpose hereof, and said Engineer of Work
is hereby directed to make and file with said Clerk a report in writing,
presenting the following:
(a) Maps and descriptions of the lands and easements to be
acquired, if any;
(b) Plans and specifications of the proposed improvements to be
made pursuant to this Resolution;
(c) Engineer's estimate of the total costs and expenses of said
acquisitions and improvements and of the incidental expenses in connection
therewith;
(d) Diagram showing the assessment district above referred to, and
also the boundaries and dimensions of the respective subdivisions of land
within said district as the same existed at the time of the passage of this
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Resolution, each of which subdivisions shall be given a separate number upon
said diagram;
(e) A proposed assessment of the total amount of the cost and
expenses of said acquisitions and improvements upon the several subdivisions
of land in said district in proportion to the estimated benefits to be
received by such subdivisions, respectively, from said acquisitions and
improvements. Said assessment shall refer to said subdivisions by their
respective numbers as assigned pursuant to subparagraph (d) of this paragraph.
When any portion or percentage of the costs and expenses of said
acquisitions and improvements is to be paid from sources other than
assessments, the amount of such portion or percentage shall
from the total estimated cost and expenses of said
first be deducted
acquisitions and
improvements, and said assessment shall include only the remainder of the
estimated cost and expenses.
10. If any excess shall be realized from the assessment it shall be
used, in such amounts as this Council may determine, in accordance with the
provisions of law, for one or more of the following purposes:
(a) Transfer to the general fund of this City, provided that the
amount of any such transfer shall not exceed the lesser of $1,000 or 5% of the
total amount expended from the improvement fund;
(b) As a credit upon the assessment and any supplemental
assessment; or
(c) For the maintenance of the improvements.
11. William C. Norton, Public Works Director of the City of Alameda, is
hereby designated as the person to answer inquiries regarding any protest
proceedings to be had herein, and may be contacted during regular office hours
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at City Hall 2263 Santa Clara Avenue, Alameda, CA 94501 or by calling
(415)522 -4100.
12. To the extent that any of the work, rights, improvements and
acquisitions indicated in the Engineer's Report, to be made as provided
herein, are shown to be connected to the facilities, works or systems of, or
are to be owned, managed and controlled by, any public agency other than this
City, or of any public utility, it is the intention of this Council to enter
into an agreement with such public agency or public utility pursuant to
Chapter 2 (commencing with Section 10100) of Division 12 of the Streets and
Highways Code, which agreement may provide for, among other matters, the
ownership, operation and maintenance by such agency or utility of said works,
rights, improvements and acquisitions, and may provide for the installation of
all or a portion of such improvements by said agency or _utility and for the
providing of service to the properties in the area benefiting from said work,
rights, improvements and acquisitions by such agency or utility in accordance
with its rates, rules and regulations, and that such agreement shall become
effective after proceedings have been taken for the levy of the assessments
and sale of bonds and funds are available to carry out the terms of any such
agreement.
13. Notice is hereby given that serial bonds to represent unpaid
assessments, and bear interest at the rate of not to exceed twelve percent
(12 %) per annum, or such higher rate of interest as may be authorized by
applicable law at the time of sale of such bonds, will be issued hereunder in
the manner provided by the Improvement Bond Act of 1915, Division 10 of the
Streets and Highways Code, the last installment of which bonds shall mature
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not to exceed nineteen (19) years from the second day of July next succeeding
ten (10) months from their date.
14. The provisions of Part 11.1 of Division 10 of the Streets and
Highways Code, providing for an alternative procedure for the advance payment
of assessments and the calling of bonds, shall apply to bonds issued pursuant
to paragraph 13 above.
15. Notice is hereby given that, in the opinion of this Council, the
public interest will not be served by allowing the property owners to take the
contract for the construction of the improvements and therefore that, pursuant
to Section 20487 of the Public Contract Code, no notice of award of contract
shall be published.
16. It is hereby recognized by this Council that in order for certain
of the properties herein proposed to be assessed to obtain the benefits which
the water and sanitary sewer facilities herein proposed to be ordered will be
designed to confer (being all parcels within the boundary of the assessment
district which are not adjacent to the water and sanitary sewer lines proposed
to be constructed, as described in Exhibit "A" hereto and to be shown on the
plans hereinabove ordered to be prepared), additional water and sanitary sewer
lines will have to be constructed. It is therefore resolved, subject only to
confirmation of the herein proposed assessment for the herein proposed
acquisitions and improvements, as follows:
(a) Upon request of a landowner, the additional facilities
necessary to provide service to said landowner's property will hereafter be
constructed by the City of Alameda, and all land, easements or rights of way
necessary therefor will be acquired by gift, purchase, condemnation (except as
to lands which the City has no power to condemn) or other appropriate method
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at the landowner's expense, by using, as determined by the City, either
landowner's cash payments, special assessment proceedings, advances by the
City subject t£ reimbursement, any other appropriate method, or a combination
thereof; and
(b) The owners and occupants of the lots, tracts, pieces and
parcels of land lying within the boundaries of the assessment district shall
at all times hereafter be entitled to the use and benefit of the water and
sanitary sewer facilities to be acquired and constructed herein, subject to
such reasonable rates, rules, regulations and charges as are now or may
hereafter be established by the City of Alameda, and that right, permission,
privilege and authority are hereby given and granted to the present and future
owners and occupants of the lands within said assessment district to connect
all water and sanitary sewer lines which may hereafter.: be constructed within
said assessment district by them or on their behalf into and with the said
water and sanitary sewer facilities to be acquired and constructed herein,
subject to the reasonable rates, rules and charges referred to above.
17. It is the intention of this Council to create a special reserve
fund pursuant to and as authorized by Part 16 of Division 10 of the Streets
and Highways Code of the State of California.
* * * * * * * * * * * * * **
I, the undersigned, hereby certify that the foregoing Resolution was
duly and regularly introduced and adopted by the Council of the City of
Alameda in regular meeting assembled on the 21st day of June , 1983, by
the following vote, to wit:
AYES: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament- 5.
NOES: None.
ABSENT: None.
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The following improvements (all distances and measurements are approximate
only):
1. The construction of street improvements, including clearing, grading,
subbase, base, pavement, curbs and gutters and driveways; s1dewalks,
storm drainage facilities; sanitary sewers and appurtenances; a system
of domestic water supply including fire hydrants; street lights and
electrical distribution facilities; telephone ducts, cable T.V. ducts,
gas mains; landscaping and irrigation; monuments and relocation of
facilities and all other necessary improvements and appurtenances in
Harbor Bay Parkway from the end of Harbor Bay Parkway as shown on Parcel
Map 3964, filed the 30th day March, 1983 in Book 137 of Parcel Maps at
pages 89-91' inclusive, Records of Alameda County, westerly a distance
of approximately 1,256 feet with a right of way width of 108 feet, two
traveled ways of 26 feet each together with a median 20 feet in width
and a bicycle path 70 feet in width along the northwesterly side of said
street.
2. The acquisition of all lands, eaSementS, perm1tS, rights of way and
licenses and the construction of all auxiliary work necessary and/or
convenient to the accomplishment of the above described improvements.
The foregoing improvements shall be constructed in accordance with all
applicable rules, regulations, standards and specifications established by the
appropriate public entity cr regulated public utility which upon completion of
said improvements and acceptance thereof, will Own, operate and maintain such
improvements.
HARBOR BAY BUSINESS PARK
ASSESSMENT DISTRICT 83-1
EXHIBIT A
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 22ndday of June , 1983.
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City Clerk of the ameda