Resolution 10532RESOLUTION NO. 10532
A RESOLUTION 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
HARBOR BAY BUSINESS PARK
ASSESSMENT DISTRICT 84 -4
RESOLVED, by the City Council of the City of Alameda, County of
Alameda, California, that
WHEREAS, on December 18, 1984, this Council adopted Resolution No.
10498, A Resolution of Intention to Make Acquisitions and Improvements, and
therein directed the Director of Public Works 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
Feburary 5, 1985, 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.
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 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.
From the date of recording of said notice of assessment, all persons
shall be deemed to have notice of the contents of such assessment, and each of
4
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 recordation, or in the event
bonds are issued to represent said assessments, 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
written waivers heretofore executed by all of the owners of the properties to
be subjected to the assessments levied herein, which waivers are on file with
the City 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;
(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;
5
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 5th of February, 1985,
by the following vote to wit:
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 6th day of February, 1985.
City ClerW of the City of AlamedP