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Resolution 11876RESOLUTION NO. 11876 A RESOLUTION ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS, AND DIRECTING ACTIONS WITH RESPECT THERETO CITY OF ALAMEDA Marina Village Assessment District 89 -1 RESOLVED, by the City Council (the "Council ") of the City of Alameda (the "City "), County of Alameda, California, that WHEREAS, on September 6, 1989, this City adopted Resolution No. 11822, A Resolution 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 City 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 Tuesday, October 17, 1989, at the hour of 7:30 o'clock p.m., in the regular meeting place of this City, Council Chambers, City Hall, 2263 Santa Clara Avenue, Alameda, 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 City, and all protests, both written and oral, were duly heard, considered and overruled, and this City 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 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, are hereby approved and confirmed to wit: (a) the plans and specifications for the proposed improvements; (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 and 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 and 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. 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 City. 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. 7. That based on the oral and documentary evidence, including said Engineer's Report, offered and received at said protest hearing, this City 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 Superintendent of Streets, together with said diagram, as approved and confirmed by this City, 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 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 ten (10) 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. That the Director of Finance of the City of Alameda is appointed Collection Officer for said assessments and the person to whom payment of said assessments shall be made, and that the office of said Director of Finance, at 2263 Santa Clara Avenue, Alameda, California, 94501, is designated as the place at which said payments will be made, and the Superintendent of Streets is hereby relieved of all responsibility in connection with collecting assessments. Said Collection Officer, upon said recording of the assessment and diagram, shall cause Notice to Pay Assessments to be mailed and published. Said notice shall state that the assessment has been recorded as provided in Section 10402 of the Streets and Highways Code, and the date thereof, that all sums assessed therein are due and payable immediately and payment thereof is to be made to the Collection Officer at said office within 30 days after said date of recording the assessment, and the effect of failure to pay within such time, including the fact that bonds will be issued pursuant to the Improvement Bond Act of 1915 to represent and upon the security of said assessments which are not paid within said 30 -day period; and, in addition, said notice to be mailed shall contain a designation by street number or other description of the property assessed sufficient to identify same and the amount of the assessment thereon. Said mailed notice shall be mailed to each owner of real property within the assessment district at his last known address as the same appears on the tax rolls of the County of Alameda, or on file in the office of or as known to said Clerk, or to both addresses if said address is not the same, or to the general delivery when no address so appears; and said published notice shall be published once a week for two successive weeks (with at least five days intervening between the respective publication dates, not counting such dates) in the Alameda Times Star, a newspaper published and circulated in the City of Alameda. fit`pravdastoF A 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 7th of November, 1989, by the following vote to wit: AYES: NOES: Councilmembers Arnerich, Caiicia, Withrow and President Corica - 4, Counci1rember Thomas - 1. ABSENT: None, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 8th day of November, 1989. City Lerk of the City of Alameda