Resolution 03857M
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RESOLUTION NO. 3857
OVERRULING PROTESTS ON RESOLUTION OF IIMNTI017
BAY FARM I ISLAND SEWER ASSESSI.,,aZENT PROTECT NO ® 1
RESOLVED, by the Council of the City of Alameda, Alameda County,
California, that
WIliEREAS, this Council did on September 7, 1948, adopt its Resolution
No. 3817 of Intention to construct sanitary sewer mains;
VWHEREAS, on said September 7, 1948, this Council adopted its Resolu-
tion No. 3820 appointing time and place of hearing protests in relation to pro-
posed improvement and directing notice;
VfliEREAS, notice was given of the time and place therein stated in the
manner provided by law as appears from the affidavits on file in the office of
the City Clerk;
WHEREAS, said matter came on regularly for hearing at the time therein
fixed and at the time to which said meeting was adjourned;
�,IIIEREAS, persons interested filed written objections to the carrying
out of said proposed work in accordance with said Resolution of Intention, repre-
senting more than one-half in area of the property proposed to be assessed for the
costs and expenses thereof;
WHEREAS,, after proceedings to that end duly had and taken, and on
October 19, 1948, this Council adopted its Resolution No. 3843 of Determination
to make improvements without compliance with Division 4 of the Streets and High-
ways Code, and making changes in the Boundaries of the Assessment District and
areas of the lands to be assessed therefor, and in the estimate of °,,osts in the
amounts of the several assessments, and amending the descriptions of certain par-
cels proposed to be assessed, and modifying the resolution of intention to pro-
vide that all surplus be applied as a credit to each assessment;
uVHEREAS, almost all of said protestants were represented by legal counsel
who appeared and represented said protestants at each and all of said hearings,
and who advised said Council in open meeting that said protests were two numerous
to be withdrawn, but that upon making the changes and modifications as proposed in
said Resolution No. 3843 of Preliminary Determination and of Intention to Make
Changes and Modifications that said protestants consented and agreed that said
work be ordered in conformance with the Engineer's Report as proposed to be changed
and modified, and to awarding the contract therefor to the lowest responsible
bidder in accordance with the bids on file with the City Clerk; and
VEE' REAS, this Council has heard all persons desiring to be heard and has
duly considered all matters pertaining to said project, and has ordered the making
of changes and modifications required for the public benefit, and good cause
appearing therefor,
NOW, THEREFORE, IT IS FOUND, DETER MINED and ORDERED as follows:
1. That pursuarlt,to Article 1, Chapter 2, Title XIX of the Alameda Muni-
cipal Code, the public necessity requires the improvement proposed to be done under
said Resolution of Intention and more particularly described in said Engineer's
Report, as modified.
2. That said protests and objections, to the extent that relief has not
already been granted thereon, be, and each and all of them are hereby, overruled
and denied.
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, 1948, by the following
vote, to wit:
9S: Councilmen Anderson, Jones, Osborn, Sweeney and President
Branscheid, 5) -
NOES.
) -NOES: None,
ABSENT: None®
IN WITNESS WIL'REOF, 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
City Clerk of the City of Alameda
I hereby certify that the foregoing is a full, true and correct copy
tD
of "Resolution No. 3857, OVERRULING PROTESTS ON RESOLUTION OF INTENTION - BAY
FARM ISLAND SEWER ASSESSIVIE24T PROJECT NO. 1," introduced and adopted by the Council
on the 19th day of October, 1948®
City �Cletk of the/City of.Alameda
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