Resolution 11211CITY OF ALAMEDA RESOLUTION NO. 11211
A RESOLUTION APPROVING ENGINEER'S REPORT, CONFIRMING
DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENT
CITY OF ALAMEDA
Island City Landscaping and Lighting District 84 -2
RESOLVED, by the City Council of the City of Alameda,
County of Alameda, California that:
WHEREAS, by its Resolution No. 11189, a Resolution
Directing Preparation of Annual Report for Maintenance Assessment
District, Island City Landscaping and Lighting District 84 -2,
(the "District "), this Council designated Mr. John Heinel, as
Engineer of Work and ordered said Engineer of Work to make and
file a report in writing in accordance with and pursuant to the
Landscaping and Lighting Act of 1972; and
WHEREAS, the report was duly made and filed with the City
Clerk and duly considered by this Council and found to be
sufficient in every particular, whereupon it was determined that
the report should stand as the Engineer's Report for all
subsequent proceedings under and pursuant to the aforesaid
resolution, and that June 2, 1987, in the regular meeting place
of this Council, City Hall, Santa Clara at Oak Street, Alameda,
California, were appointed as the time and place for a hearing by
this Council on the question of the levy of the proposed
assessment, notice of which hearing was duly and regularly
published; and
WHEREAS, at the appointed time and place the 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 the levy were fully heard and considered
by this Council, and all oral statements and all written protests
or communications were duly heard, considered and are hereby
overruled, and this Council thereby acquired jurisdiction to order
the levy and the confirmation of the diagram and assessment
prepared by and made a part of the Engineer's Report to pay the
costs and expenses thereof:
that:
NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED,
1. The property owners owning more than fifty percent
(50 %) of the area of assessable lands within the District had
not, at the conclusion of the hearing, filed written protests
against the proposed levy, as a whole or as to any part thereof,
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or against the District or the extent thereof to be assessed for
the costs and expenses of the levy as a whole, or as to any part
thereof, or against the Engineer of Work's estimate of costs and
expenses, in whole or in part, or against the maps and
description, 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. The public interest, convenience and necessity
require that the levy be made.
3. The District benefited by the 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. The Engineer's Report as a whole and each part
thereof, to wit:
(a) the Engineer of Work's estimate of the itemized and
total costs and expenses of maintaining the improvements and of
the incidental expenses in connection therewith;
(b) the diagram showing the assessment district, plans
and specifications for the improvements to be maintained and the
boundaries and dimensions of the respective lots and parcels of
land within the District; and
(c) the assessment of the total amount of the cost and
expenses of the proposed maintenance of the improvements upon the
several lots and parcels of land in the District in proportion to
the estimated benefits to be received by such lots and parcels,
respectively, from the maintenance, and of the expenses
incidental thereto;
are finally approved and confirmed.
5. Final adoption and approval of the Engineer's Report
as a whole, and of the plans and specifications, estimate of the
costs and expenses, the diagram and the assessment, as contained
in the report, as hereinabove determined and ordered, is intended
to and shall refer and apply to the report, or any portion
thereof, as amended, modified, or 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. The assessment to pay the costs and expenses of the
maintenance of the improvements is hereby levied. For further
particulars pursuant to the provisions of the Landscaping and
Lighting Act of 1972, reference is hereby made to the Resolution
Directing Preparation of Annual Report.
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7. Based on the oral and documentary evidence, including
the Engineer's Report, offered and received at the hearing, this
Council expressly finds and determines (a) that each of the
several lots and parcels of land will be specially benefited by
the maintenance of the improvements at least in the amount, if
not more than the amount, of the assessment apportioned against
the lots and parcels of land, respectively, and (b) that there is
substantial evidence to support, and the weight of the evidence
preponderates in favor of, the aforesaid finding and
determination as to special benefits.
8. Immediately upon the adoption of this resolution, but
in no event later than the third Monday in August following such
adoption, the Clerk shall file a certified copy of the diagram
and assessment and a certified copy of this resolution with the
Auditor of the County of Alameda. Upon such filing, the County
Auditor shall enter on the county assessment roll opposite each
lot or parcel of land the amount of assessment thereupon as shown
in the assessment. The assessments shall be collected at the
same time and in the same manner as county taxes are collected,
and all laws providing for the collection and enforcement of
. county taxes shall apply to the collection and enforcement of the
N assessments. After collection by the County of Alameda, the net
amount of the assessments, after deduction of any compensation
L due the County for collection, shall be paid to the Director of
Finance of this City.
9. Upon receipt of moneys representing assessments
- <collected by the County, the Director of Finance of this City
shall deposit the moneys in the City Treasury to the credit of an
improvement fund, which improvement fund the Finance Director of
this City is hereby directed to establish under the distinctive
CL
CL J: designation of the District. Moneys in the improvement fund shall
be expended only for the maintenance of the improvements.
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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 of June, 1987,
by the following vote to wit:
AYES: Councilmembers Camicia, Haugner, Monsef, Thomas
and President Corica - 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
June, 1987.
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City Clerk of the City of Alameda