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Resolution 10511RESOLUTION NO. 10511 A RESOLUTION DETERMINING CONVENIENCE AND NECESSITY, ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS, DIRECTING RECORDING AND FILING OF ASSESSMENT, ASSESSMENT DIAGRAM AND NOTICE OF ASSESSMENT MARINA VILLAGE ASSESSMENT DISTRICT 84 -3 RESOLVED, by the City Council of the City of Alameda, County of Alameda, California, that WHEREAS, on August 21, 1984, this Council adopted Resolution No. 10421, A Resolution of Preliminary Determination and of Intention to Make Acquisitions and Improvements, and therein directed the Engineer of Work to make and file a report in writing in accordance with and pursuant to the Municipal Improvement Act of 1913; WHEREAS, said report was duly made and filed, and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that said report should stand as the Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid resolution, and October 2, 1984, at the hour of 7:30 o'clock p.m., in the regular meeting place of this Council, Council Chambers, City Hall, 2263 Santa Clara Street, Alameda, California, were appointed as the time and place for hearing protests in relation to said proposed acquisitions and improvements, notices of which hearing were duly and regularly posted, mailed and published; and WHEREAS, said hearing was duly and regularly held, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said acquisitions and improvements were fully heard and considered by this Council, and all protests, both written and oral, were duly heard, considered and overruled, and this Council thereby acquired jurisdiction to order said acquisitions and improvements and the confirmation of said diagram and assessment to pay the costs and expenses thereof; NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED, as follows: 1. That the owners of one -half of the area to be assessed for the cost of the project did not, at or prior to the time fixed for said hearing, file written protests against the said proposed acquisitions and improvements or the grades at which said work is proposed to be done, as a whole or as to any part thereof, or against the said district or the extent thereof to be assessed for the costs and expenses of said acquisitions and improvements, as a whole or as to any part thereof, or against the engineer's estimate of costs and expenses, in whole or in part, or against the maps and descriptions, 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. That the public interest, convenience and necessity require that said acquisitions and improvements be made, and Section 2800 and following of the Streets and Highways Code shall not apply. 3. That the district benefited by said acquisitions and improvements and to be assessed to pay the costs and expenses thereof, and 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 Engineer's Report as a whole and each part thereof, to wit: (a) the plans and specifications for the proposed improvements; 2 (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 said 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 said 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 said district in proportion to the estimated benefits to be received by said subdivisions, respectively, from said acquisitions and improvements, and of the expenses incidental thereto; are finally approved and confirmed. 5. That final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, maps and descriptions of the lands and easements to be acquired, estimate of the costs and expenses, the diagram and the assessment, as contained in said report, as hereinabove determined and ordered, is intended to and shall refer and apply to said report, or any portion thereof, as amended, modified, revised or corrected by, or pursuant to and in accordance with, any resolution or order, if any, heretofore duly adopted or made by this Council. 6. That said acquisitions and improvements be made, and that said assessment to pay the costs and expenses thereof is hereby levied. For further particulars pursuant to the provisions of said Municipal Improvement Act of 1913, reference is hereby made to said Resolution of Intention. 3 7. That based on the oral and documentary evidence, including said Engineer's Report, offered and received at said protest hearing, this Council expressly finds and determines (a) that each of said several subdivisions of land will be specially benefited by said acquisitions and improvements at least in the amount, if not more than the amount, of the assessment apportioned against said subdivisions of land, respectively, and (b) that there is substantial evidence to support, and the weight of said evidence preponderates in favor of, the aforesaid finding and determination as to special benefits. 8. That said Clerk shall forthwith: (a) deliver said assessment to the Director of Public Works as the Superintendent of Streets, together with said diagram, as approved and confirmed by this Council, with a certificate of such confirmation and of the date thereof, executed by said Clerk, attached thereto; and (b) cause a copy of said assessment diagram and a notice of assessment, executed by said Clerk, to be filed and recorded, respectively, in the office of the County Recorder of the County of Alameda, such notice to be in substantially the form provided in Section 3114 of the Streets and Highways Code. Said Director of Public Works as the Superintendent of Streets shall record said assessment and diagram in his office in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording, and such recordation shall be and constitute the assessment roll herein. 4 From the date of recording of said notice of assesS0ent, all persons Shall be deemed to have notice of the contents of such assessment, and each of such assessments shall thereupon be a lien upon the property against which it is made, and unless sooner discharged such liens shall so continue for the period of four (4) years from the date of said re[ordat1on. or in the event bonds are issued to represent said aSS8sSmgnts, then such liens shall continue Until the expiration of four (4) years after the due date of the last installment upon said bonds or of the last installment of principal of said bonds. The appropriate officer or Officers are hereby authorized to pay any and all fees required by law in connection with the above. 9. To expedite the completion of these proceedings, and pursuant to a written waiver heretofore executed by the owner of the properties to be subjected to the assessments levied herein and which waiver is on file with said Clerk, the following shall not apply to these proceedings: (a) the requirement of Section 20484 of the Public contract Code that Notice of Award of Contract be published, and the right under Section 20485 of said Code to take the work and enter into a written contract to do the whole work at prices not exceeding the prices specified in the low bid (it being expressly understood that by reason of such waiver the dating and execution of the contract for the work may precede the lapse of ten days from publication of Notice of Award of Contract, if any): (b) the requirement that the notice to pay assessments shall be published or mailed; 5 (c) the right to have thirty (30) days or any other period within which to pay assessments in cash, it being the intention of said owner(s) not to pay same in cash and to have bonds issued therefor; (d) the requirement that the bonds be dated after the expiration of the cash payment period. Accordingly, in these proceedings, there shall be no cash collection period, no collection officer and no published or written notices of such rights of cash payment and levy of the assessments. 10. It is hereby recognized by this Council that in order for certain of the properties herein assessed to obtain the service which the water and sanitary sewer facilities herein ordered are designed to provide (being all parcels within the boundaries of the assessment district which are not adjacent to the water and sanitary sewer lines herein provided for) additional water and sanitary sewer lines will have to be constructed. Therefore, the additional facilities necessary to provide service to said properties will hereafter be constructed by this public entity at the expense of landowners, by means of special assessment proceedings, subdividers' cash, advances by this City subject to reimbursements, or other appropriate method; that all lands, easements or rights of way necessary therefor will be acquired by gift, purchase, condemnation (except as to lands with respect to which this City has no power to condemn) or other appropriate method; that 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 this 6 City, 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 the 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, rulps, regulations and charges referred to above. 71. 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 road improvements 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 road improvements proposed to be [0nstrocteU, as described in Exhibit "A" hereto and to be shown on the plans hereinabove ordered to be prepared, and which do not have access to said road improvements to be constructed either via existing unimproved roads and/or rights of way therefor), such access must be acquired. Therefore: (a) All lands, easements or rights of way necessary for such access will be acquired by condemnation by this City (except as to lands with respect to which the City has no power to condemn) if necessary, in which event the road improvements on such acquired lands, easements or rights of way Shall be constructed to applicable City standards, with the costs of acquiring such access and constructing such road improvements to be borne by the landowners benefited thereby either by such landowner's cash payments, by special assessment proceedings, advance by the City subject to reimbursement, any other appropriate method, or a combination thereof; and 7 ~ oc °t�� ��*r (b) The owners and occupants of the |OtI, 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 road improvements to be acquired and constructed herein, 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 road improvements which may hereafter be constructed within said assessment district by them, or on their behalf, with said road improvements to be acquired and constructed in these proceedings. *************** 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 2nd day of Janua by the following vote to wit: y, 1985, AYES: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 3rd day of January, 1985.