Resolution 13054CITY OF ALAMEDA RESOLUTION NO. 13054
ADOPTING REASSESSMENT REPORT, CONFIRMING AND ORDERING
THE REASSESSMENT BY SUMMARY PROCEEDINGS AND
DIRECTING ACTIONS WITH RESPECT THERETO
CITY OF ALAMEDA
Harbor Bay Business Park Assessment District 92 -1
(Reassessment and Refunding of 1998)
RESOLVED, by the City Council (the "Council ") of the City of Alameda
(the "City "), County of Alameda, State of California, that
WHEREAS, on October 20, 1998, this Council adopted the Resolution
of Intention to Levy Reassessments and. to Issue Refunding Bonds, in and
for the City's Harbor Bay Business Park Assessment District 92 -1
E (Reassessment and Refunding of 1998) (the "Assessment District "), and
therein directed the making and filing of a reassessment report (the
IZ. W "Report ") in writing, all in accordance with and pursuant to the City of
o Z Alameda Refunding Improvement Bond Law, enacted by City of Alameda
o Ordinance No 2774 (the '
"Ordinance" ) • and
O
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4E WHEREAS, the Report was duly made and filed, and duly considered by
this Council with the aid of City staff and found to be sufficient in
>' every particular, and the Report shall stand for all subsequent
proceedings under and pursuant to the aforesaid Resolution of Intention.
CL
Q NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Alameda
that:
1. Conditions Satisfied. Pursuant to Section 11 of the Ordinance,
and based upon the Report, this Council finds that all of the following
conditions are satisfied:
(a) Each of the estimated annual installments of principal
and interest on the reassessment as set forth in the Report is less
than the corresponding annual installment of principal and interest
on the original assessment as also set forth in the Report, by the
same percentage for all subdivisions of land with the Assessment
District;
(b) The number of years to maturity of all refunding bonds
proposed to be issued is no more than the number of years to the
last maturity of the bonds being refunded (the "Prior Bonds "); and
(c) The principal amount of the reassessment on each
subdivision of land within the Assessment District is less than the
unpaid principal amount of the original assessment by the same
percentage for each subdivision of land in the Assessment District.
2. Public Interest. The public interest, convenience and
necessity require that the reassessment be made.
3. Boundaries Approved. The Assessment District benefited by the
reassessment and to be reassessed to pay the costs and expenses thereof,
and the exterior boundaries thereof, are as shown by a map thereof
heretofore filed in the office of the City Clerk, which map is made a
part hereof by reference thereto.
4. Report Approved. Pursuant to the findings above expressed with
respect to Section 11 of the Ordinance, such conditions, and all of them
are deemed satisfied and that the following elements of the Report are
hereby finally approved and confirmed without further proceedings,
including the conduct of any public hearing .under the Ordinance, to wit:
(a) a schedule setting forth the unpaid principal and
interest on the Prior Bonds to be refunded and the total amounts
thereof (and assessments being continued);
(b) an estimate of the total principal amount of the
reassessment and of the refunding bonds and the maximum interest
thereon, together with an estimate of cost of the .reassessment and
of issuing the refunding bonds, including expenses incidental
thereto;
(c) the auditor's record kept pursuant to Section 8682 of the
Streets and Highways Code of California showing the schedule of
principal installments and interest on the Prior Bonds and the total
amounts thereof;
(d) the estimated amount of each reassessment, identified by
reassessment number corresponding to the reassessment number of the
reassessment diagram, together with a proposed auditor's record for
the reassessment prepared in the manner described in said Section
8682;
(e) a reassessment diagram showing the assessment district
and the boundaries and dimensions of the subdivisions of land
therein; and
(f) The proposed disposition of amounts remaining on deposit
in the improvement fund and the reserve fund established for the
Prior Bonds.
Final adoption and approval of the Report as a whole, estimate of
the costs and expenses, the reassessment diagram and the reassessment,
as contained in said report, as above determined and ordered, is intended
to and shall refer and apply to the Report, or any portion thereof, as
amended, modified, revised or corrected by, or pursuant to and in
accordance with, any resolution oif order, if any, previously adopted or
made by this Council.
5. Findings and Determinations. Based on the oral and documentary
evidence, including the Report, offered and received by the Council, this
Council expressly finds and determines that:
(a) each of said several subdivisions of land will be
specially benefited by said reassessment at least in the amount, if
not more than the amount, of the reassessment apportioned against
said subdivisions of land, respectively, and
(b) 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.
6. Reassessment Levied. The reassessment, including all costs and
expenses thereof, is hereby levied. Pursuant to the provisions of the
Ordinance, reference is hereby made to said Resolution of Intention for
further particulars.
7. Recordings Directed. The City Clerk shall forthwith cause:
(a) the reassessment to be delivered to the official of the
City who is the Superintendent of Streets of the City, together with
the reassessment diagram, as approved and confirmed by this Council,
with a certificate of such confirmation and of the date thereof,
executed by the City Clerk, attached thereto. The Superintendent of
Streets shall record the reassessment and reassessment diagram in
a suitable book to be kept for that purpose, and append thereto a
certificate of the date of such recording, and such recordation
shall be and constitute the reassessment roll herein;
(b) a copy of the reassessment diagram and a notice of
reassessment, executed by the City 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 of California; and
(c) a copy of this resolution to be provided to the Auditor
of the County of Alameda.
From the date of recording of the notice of reassessment, all
persons shall be deemed to have notice of the contents of such
reassessment, and each of such reassessments 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
the reassessments, then such liens shall continue until the expiration
of four (4) years after the due date of the last installment upon the
refunding bonds or of the last installment of principal of such bonds.
The appropriate officer or officers of the City are hereby
authorized to pay any and all fees required by law in connection with the
above.
8. Effective Date. This resolution shall take effect from and
after the date of its adoption.
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 20th day of October , 1998, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Kerr, Lucas
and President Appezzato - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City
this 21st day of October , 1998.
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Diane Felsch, City Clerk
City of Alameda