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Resolution 1037945-182 ORI6INL ?DA:rva 06/ CITY OF ALAMEDA RESOLUTION NO. ja79 A RESOLUTION OVERRULING PROTESTS AND 0 ERING THE FORMATION OF AN ASSESSMENT DISTRICT AND THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENT CITY OF ALAMEDA ISLAND CITY LANDSCAPING AND LIGHTING DISTRICT 84-2 'OL D, by the Council of s -flows: 16, of Alameda, California, as WHEREAS, on the 7th dav of June, 1984, said Council adopted Resolution No, 10350, Determining to Undertake Proceedings for the Formation of an Assessment District Pursuant to the Landscaping and Lighting Act of 1972, and directed the Engineer of Work to prepare and file with the City Clerk of this City a written report called for under said Act and by said Resolution No, 10350; WHEREAS, said report was duly made and filed te the City Clerk of said City, whereupon said Clerk presented it to the City Council for its consideration; WHEREAS, said Council thereupon duly considered said report and each and every part thereof and found that it contained all the matters and things called for by the provisions of.saidAot and said Resolution No. 10350, including (1) plans and specifications of the existing improvements and proposed improvements, (2) estijiate of costs, (3) diagram of the district, and (4) an assessment according to benefit all of which was done in the form and manner required by said Act; WHEREAS, said Council found that said report and each and evPry part thereof was sufficient in every particular and determined. that it should stand as the report for all subsequent proceedings under said. Act, whereupon said Council, pursuant to the requirements of said Act, appointed Tuesday, the 3rd day of July, 1984, at the hour of 770 o'clock p.m. of said day in the regular meeting place of said Council, Council Chambers, City Hall, 2263 Santa Clara Avenue (Oak Sicreet and Santa Clara Avenue), Alameda, California,, as the time and place for hearing protests in relation to the formation of an assessmnt district Pursuant to the Landscaping and Lighting Act of 1972, and to sald proposed improvements, including the maintenance or servicing, or both, thereof, and directing said City Clerk to give notice of said hearing as required by said Act; WHEREAS, it appears that notices of said hearing were duly and regularly published and mailed in the time, form and manner required by said Act, as evidenced by the affidavits and certificates on file with said City Clerk, whereupon said hearing was duly and regularly held at the time and place advertised in said notices; and WHEREAS, persons interested objecting to the formation of said assessment district, or of said improvements, including the maintenance or servicing, or both, thereof, or to the extent of the assessment district, or any zones therein, or to the proposed assessment or diagram, or to the Engineer's estimate of costs thereof, filed written protests with the City Clerk of said City at or before the conclusion of said hearing, and all persons interested, desiring to be heard, were given an opportunity to be heard and all matters and things pertaining to the formation of said assessment district and said improvements, including the maintenance and servicing, or both, thereof were fully heard and considered by said Council; NOW, THEREFORE, im IS HEREBY FOUND. D TERM NED and ORDERED, follows: 1. That protests against the formation of said assessment district or of said improvements, including the maintenance or servicing, or both, thereof, or to the extent of the assessment distil t or any zones therein, or to the proposed assessment or diagram, or to the Engineers estimate of costs thereof, were not signed by the owners of a majority or more of the area of assessable lands within the assessment district, and that said protests be, and each of them are hereby, overruled. 2, That the public interest, convenience and necessity require the formation of an assessment district and the levy and collection of assessments pursuant to said Act, for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, more particularly described in said Engineer's Report and made a parr hereof by reference thereto, which district is hereby formed. 3. That the district and the boundaries thereof benefited and to be assessed for said costs for the construction or installation of the improvements, including the maintenance and servicing, o: both, thereof, are situate in the City of Alameda, California, and are more particularly described by reference to a map thereof on file in the office of the City Clerk of said City. Said map indicates by a boundary line the extent of the territory included in said district and of any zone thereof and the general location of said district, 4. That said district be, and it is hereby, designated as "City of Alameda Island City Landscaping and Lighting District 84-2 by which name it shall hereafter be referred to in all subsequent proceedings, including proceedings for the levy and collection of assessments. 5. That the plans and specifications for the existing improvements and for the proposed improvements to be made w-ithin the assessment district or within any zone thereof contained in said report, be, and they are hereby, finally adopted and approved. 6. That the Engineer's estimate of the itemized and total costs and expenses of said improvements, maintenance and servicing thereof, and of the incidental expenses in connection therewith, contained in said report, be, and it is hereby, finally adopted and approved. 7. That the public interest and convenience require, and said Council does hereby order the improvements to be made as described in and in accordance with said Engineer's Report, reference to which is her y made for a more particular description of said improvements. 8. That the diagram showing the exterior boundaries or the assessment district referred to and described in said Resolution No. 1C350, and also the boundaries of any zones therein and the lines and dimensions of each lot or parcel of land is shown on the County Assessor's maps for the fiscal year to which it applies, each of whi,n lot or parcel of land has been given a separate number upon said diagram as contained in said report, be, and it is hereby, finally approved and confirmed. 9. That the assessment of the total amount of the costs and expenses of the proposed improvements upon the several lots or parcels of land in said district in proportion to the estimated benefits to be received by such lots or parcels, respectively, from said improvements, including the maintenance or servicing, or both, thereof, and of the expenses incidental thereto, contained in said report be and the same is hereby, finally approved and confirmed. 10. That said Engineer's Report be, and the same is hereby, fin ily adopted and approved as a whole. 11. That the City Clerk of this City shall forthwith file with the Auditor of Alameda County the said assessment, together with said diagram thereto attached and made a part thereof, as confirmed by this Council, with her certificate of such confirmation thereto attached and of the date thereof. 12. That the order forming the assessment district and th final adoption and approval of the Engineer's Report as a whole, and of the ratans and specifications, estimate of the costs and expenses, the arm, the assessment, as contained in said Report, as hc-einabove deterrilined and ordered, is intended to and shall refer aria „7„pT:17 to Report, or any portion thereof, as amended, modified, rev id or corrected by or pursuant to and in accordance with anv resolJtion for: order, if any, heretofore duly adopted or made by this Cot.=ii. 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 3rd day of July, 1984, by the following vote to wit: AYES: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament — 5. ROES: None. ABSENT: None. IN WITNESS kHEREOF, I have hereunto set my hand and affixed the official seal of said City —this 5th day of July, 1984.