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Resolution 03856404 IM RESOLUTION NO. 3856 I T DETERMINING TO MAI'�'E I'141PROVEIt21,2\TTS WITHOUT COMPLIANCE WIT11 11 DIVISION 4 OF THE STREETS AND HIGH1`1AYS CODE, AND iv AKING CHANGES IN THE BOUNDARIES OF THE ASSESS- MENT DISTRICT AND AREAS OF THE LANDS TO BE ASSESSED THEREFOR, AND IN THE ESTIMYTE OF COSTS IN' THE A1VT1OuN­T8 OF THE SEVERAL ASSESSMENTS, ARD AIJENDING TIE DESCRIP- TIONS OF CERTAIN PARCELS PROPOSED TO BE ASSESSED, AND IVIODIFYII�G THE RESOLUTION OF INTENTION TO PROVIDE THAT ALL SURPLUS BE APPLIED AS A CREDIT TO EACH ASSESSMENT. BAY FARM ISLAND SEWER ASSESSIMENT PROJECT NO . 1 SOLVED, by the Council of the City of Alameda, Alameda County, California, that MiEREAS, after proceedings to that end duly had and taken and on October 5, 1948, this Council did adopt its Resolution No. 3843 of Preliminary Determination to make improvements without compliance with Division 4 of the Streets and Highways Code, and of intention to make changes in the boundaries of the district and areas of the land to be assessed therefor, and in the esti- mate of costs and in the amounts of the several assessments, and to modify the resolution of intention to provide that all surplus will be applied as a credit to each assessment; MHEREAS, said Resolution has been duly published and posted in the manner provided by law, and as directed by said Resolution, as appears from the affidavits of publication and posting on file in the office of the City Clerk; WHEREAS, said Council duly met at the time stated in said Resolution for hearing, and persons filed written objections to the proposed changes and modifications and other things proposed to be done in said Resolution of Intention, with the Clerk at or before the said time set for hearing, and said Council duly heard all persons desiring to be heard and duly considered all matters relating thereto; and 'rIEREAS, it appears and this Council finds that a good cause appears therefor; 110'wli, THEREFOR, IT IS ILEREBY FOUND, DETERIVIIITED AND ORDERED as follows: 1. That in the opinion of this Council the public convenience and necessity require the construction of vitrified clay pipe sanitary sewer mains, wye branches and house laterals, together with standard manholes and risers capped with cast iron frames and covers complete, on Bay Farm Island in Maitland Drive between County Road and a point 250 feet southeasterly of Fitchburg Avenue, in Garden Road frora County Road to Island Road, in Island Road from Maitland Drive to the most westerly point thereof, in Ivilelrose Avenue and Fitchburg Avenue between Maitland Drive and Beach Road, and in Seminary Avenue betv,�een Beach Road and a point 250 feet northeasterly thereof, and the construction of vitrified clay pipe wye branches and house laterals in Beach Road between Flower Lane and Fitchburg Avenue, and in County Road at a point about 300 feet southerly fror.ri Garden Road, all as more particularly described in Resolution No® 3817 of Intention to Construct Sanitary Sewer 1dains, adopted by tl,.is Council on September 7, 1948, and as de- scribed and shown in the plans and specifications contained in the Engineer's Re- port adopted pursuant thereto, to which reference is hereby made for further par- ticulars® 2. That in the opinion of this Council the public convenience and necessity require that the boundaries of the assessment district and the areas of land therein to be assessed, as described and referred to in said Resolution of Intention and in the diagram and assessment contained in the Engineer's Report on file in the office of the City Clerk, be changed to incorporate and include within the boundaries of said assessment district and the areas to be assessed, and assessing thereon the respective shares of the cost and expenses of said work according to benefits, the parcels of land situate in the City of Alameda and more particularly described in Section 2 of Resolution No. 3841 adopted by this Council on October 5, 1948. 3. That in the opinion of this Council the public convenience and necessity require that the amounts of the several assessments contained in said assessment, including the additional parcels described in Section 2 of Resolution Eo. 3843, be changed to conform to the amounts provided in Resolution No. 3842 Ordering Changes and Modifications in amounts ofassessments, adopted by this Council on October 5, 1948. 4. That in the opinion of this Co�,,,ncil the public convenience and necessity require, and the descriptions of Parcels 13A, 14A, 15A, 17A, and 18A and 120 are hereby, ordered amended to read as more particularly described in Section 4, of said Resolution hu. 3843, and the boundaries of the assessment district and the areas of land to be assessed are hereby ordered amended to conform to the coterminous exterior boundaries of said several parcels as so amended. 5. That in the opinion of this Council the public convenience and necessity require that the total estimated cost of said project be changed from $116,573.41 to $93,098.50, and that the individual cost amounts, as more particu- larly set forth in the amended estimate of cost, be filed with the City Clerk. 6. That in the opinion of this Council the public convenience and necessity require that Section 13 of said Resolution No. 3817 of Intention to Construct Sanitary Sewer Mains, be changed and modified to read as follows: "If any excess shall be realized from the assessment there shall be a credit to each assessment, or installment thereof, a prorata share of such assessment as each assessment, or installment thereto, bears to all the assessments"® I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted by the Council of the City of Alameda in regular meeting assembled on the 19th day of October, lg/,8, by the following vote, to wit: AYES: Councilmen Anderson, Sones, Osborn, Sweeney and President Branscheid, (5). NOES: None. ABSENT: None. IN WITNESS 1,"111EREOF, I have hereunto set my hand and affixed the offi- cial seal of said City this 20th day of October, 1948. (SEAL) J. P. CLARK CityClerkof the City of _Alameda I hereby certify that the foregoing is a full, true and correct copy of "Resolution No® 3856, DETER1,JINING TO MAKEI IMPROVEhIENTS WITHOUT COMPLIANCE WITH DIVISIOIT 4 OF THE STREETS AND HIGHIdAYS CODE, AND 1JAKING CHANCES IN THE BOUNDARIES OF T1]1 ASSESSMENT DISTRICT AND AREAS OF THE LANDS TO BE ASSESSED THEREFOR, AND IN THE ESTT,',AATE OF COSTS TN THE Al,�JOLJNTS OF THE SEVERAL ASSESShiENTS1 AND AMENDING THE DESCRIPT1,J"E OF C11"RTAIN PARCELS PROPOSED TO BE ASSESSED, AND MODIFYING THE RESOLU- TION OF INTid\=Oil] TO PROVIDE Ti -L, T ALL STURPLUS BE APPLIED AS A CREDIT TO EACH ASSESSMENT." introduced and adopted by the Council on the 19th day of October, 1948. E WON