Resolution 03858M
BAY FARM ISLAND SEWER ASSESSIvIEYT PROJECT NO. 1
RESOLVED, by the City Council of the City of Alameda, Alameda County,
California, that
on the 7th it of September, 1948, said Counc`�l adopted its
Resolution of Intention No. 3817 to construct certain improvements in and for
said City, and referred the proposed improvements to the City Engineer of said
City, he being the officer having charge and control of the construction of publ*
improvements in and for said City of the kind described in said Resolution of In
tention, and being a competent person employed by said City for that purpose; I
UHEREEAS, said Council thereby directed said City Engineer to make and
file with the Clerk of said City a report in writing, in accordance with and
pursuant to Article 4, Chapter 5, Title XTX of the Alameda 11unicipal code;
'ifdEREAS, said report was duly made and filed with the Clerk, whereupon
the Clerk presented it to said Council for consideration;
WHEREAS, said Council thereupon duly considered said report and each
and every part thereof, and found that it contained all the matters and things
called for by the provisions of said Code, including (1) plans and specifications
of the proposed improvement, (2) estimate of costs, (3) diagram of district, and
(4) an assessment according to benefits, all of which was done in the form and
manner required by said Code;
WHEREAS, said Council found that said report and each and every part
thereof was sufficient in every particular and determined that it should stand
as the report for all subsequent proceedings under said Code, whereupon said
Council, pursuant to the requirements of said Code, appointed Tuesday, September
289 1948, at the hour of eight o'clock P. M. of said day in the Council Chambers,
City Hall, Alameda, California, as the time and place for hearing protests in re-
lation to said oroposed improvements, and directed the Clerk of said City to give
notice of said Lea -ring as required by said Code;
WHEREAS, it appears that notices of said hearing were duly and regular
posted and published, in the time, form and manner required by said Code, as
evidenced by the affidavits on file with said Clerk, whereupon said hearing was
duly and regularly held at the time and place advertised in said notices; and I
WIHEREAS, persons interested,,objecting to said improvements, or to
the extent of the assessment district, or to the proposed assessment or diagram
or to the grades at which said work will be donel or the City Engineer's estimate
of the costs and expenses thereof, filed written protests with the Clerk of said
City at or before the time set for said hearing, and all persons interested de-
siring to be heard were given an opportunity to be heard, and all matters and
things pertaining to said improvements were fully heard and considered by said
Council;
WHEREAS, after proceedings to that end duly had and taken, and an
1�ctober 19, 1948, said Council adopted its Resolution No. 3856 Determining to Ma
Improvements without Compliance with Division 4 of the Streets and Highways 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 Costs in the Amounts of th
Several Assessments and Amending the Descriptions of Certain Parcels Proposed to
be Assessed, and Modifying the Resolution of Intention to Provide that All Surpl
be Applied as a Credit to Each Assessment; I
WHEREAS, all changes and modifications therein directed to be made have
been made;
W11EREAS, pursuant to Article 1, Chapter 2, Title XIX of the Alameda Muni-
cipal Code, said Council adopted its Resolution No. 3857 Overruling Protests on
Resolution of Intention, wherein it did find that the public necessity required the
construction of said improvements in the manner proposed and did overrule and deny
each and all of said protests;
WHEREAS, said Council has acquired jurisdiction to order said improvements
and the confirmation of said diagram and said assessment to pay the costs and ex-
penses thereof;
NOW, THEI�EFORE, said Council does hereby find, determine, and order as
follows:
1. That the district benefited by said improvements and to be assessed
to pay the costs and expenses thereof, and the exterior boundaries thereof, is the
district described in said Resolution of Intention, as modified. That all public
streets, avenues, highways, lanes, alleys, places, public ways, rights of way and
easements contained within said assessment district, the same being in use in the
performance of a public function as such, shall be omitted from said district
and from the levy and collection of the special taxes to be hereafter levied and
collected to cover the costs and expenses of said improvements.
2, That the plans and specifications for the proposed improvements,
contained in said report, be, and they are hereby, finally adopted and approved
as the plans and specifications to which said work shall be done as called for in
said Resolution of Intention.
3. That the Engineer's estimate of the itemized and total estimated
costs and expenses of said improvements, and of the incidental expenses in con-
nection ttierew.Lth, contained in said report, as modified, be, and it is hereby,
finaiiy adopted and approved as the Engineer's total and detailed estimate of the
costs and expenses of said improvements®
4. That the public interest, convenience and necessity require, and
said Council does hereby order, the improvements to be made as described in, and
in accordance with, said Resolution of Intention on file in the office of the
Clerk of said City, reference to which is hereby made for a more particular de-
scription of said improvements, and also for further particulars, pursuant to
the provisions of said Code®
5. That the diagram showing the assessment district referred to and
described in said Resolution of Intention, and also the boundaries and dimensions
of the respective subdivisions of land within said district as the same existed
at the time of the passage of said Resolution of Intention, each of which sub-
divisions having been given a separate number upon said diagram, as contained
in said report, as modified, be, and it is hereby, finally approved and confirmed
as the diagram of the properties to be assessed to pay the costs and expenses of
said improvements.
6® That the assessment of the total amount of the costs and expenses
of the proposed improvements upon the several subdivisions of land in said district
in proportion to the estimated benefits to be received by said subdivisions, re-
spectively, from said improvements, and of the expenses incidental thereto, con-
tained. in said report, as modified, be, and the same is hereby, finally approved
and confirmed as to the assessment to pay the costs and expenses of said improve-
ments.
7. That said Engineer's report, as modified, be and the same is hereby,
finally adopted and approved as a whole®
8. That the Clerk of said City shall forthwith deliver to the Superin-
tendent of Streets of said City the said assessment, as modified, together with
said diagram thereto attached and made a part thereof, as modified, as confirmed
by this Council, with his certificate of such confirmation thereto attached and
of the date thereof; and that said Superintendent of Streets shall forthwith
record said diagram and assessment in his office in a suitable 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.
9. That said Superintendent of Streets, upon the recording of said
diagram and assessment, as modified, shall mail to each owner of real property
within the assessment district at his last known address as same appears on the
tax rolls of the City or on file in the office of the Clerk of said Cityor to
both addresses, is said address is not the same, or to the general delivery
when no address so appears, a statement containing a designation by street numbe
or other description of the property assessed sufficient to enable the owner to
identify the same, the amount of the assessment, the date of the recordation of
said assessment, the time and place of payment thereof, the effect of failure to
pay within such time, and a statement of the fact that bonds will be issued on
paid assessments pursuant to Article 4, Chapter 6, Title XIX of the Alameda Muni
cipal Code, the last installment of which bonds shall mature fourteen (14) years
from the second day of July next succeeding ten (10) months from their date, I
10. That said Superintendent of Streets shall also cause Notice to
Pay Assessments to be published twice in the Alameda Times -Star, a newspaper
published and circulated in said City, that said assessment as modified has been
recorded, and that all sums assessed thereon are due and payable immediately, and
that the payment of said sums is to be made to him within sixty (60) days after
the date of recording said assessment which date shall be stated in said notice,
and of the fact that blonds will be issued upon unpaid assessments as above pro-
vided.
M
M
I, the undersigned, hereby certify that the foregoing Resolution was
duly and regularly introduced and adopted by the City of Alameda in regular
meeting assembled on the 19th day of October, 1948, by the following vote, to wit:
AYES: Councilmen Anderson, Jones, Osborn, Sweeney and President
Branscheid, (5).
NOES: None.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the offi-
cial seal of said City this 20th day of October, 198®
(SEAL) J. P. CLARK
City Clerk of the City of Alameda
I hereby certify that the foregoing is a full, true and correct copy of
"Resolution No. 3858, ADOPTING THE ENGINEER'S REPORT, FINALLY CONFIRLING TEE ASSESS-
MENT AND OBDERING TEE WORK, AS MODIFIED - BAY FARM ISLAND SEWER ASSESSMENT PRO-
jECT NO. I," introduced and adopted by the Council on the 19th day of October,
1948.
Im