Resolution 04582M
RESOLUTICT! M 4582
ADUPTIiJG THE' MOINEERIS REPORT, FMALLY CON21RIIEG THE
!SSESSLEM, nnD 0hD0HI1,1G THE ,,"IURK ---S T.'REET LIG HTInG
JORMUCT10h ASSESSLENT DISTRICT Q. 1 1952)
'1HERIEAS, on the 15th day of April, 1952, the Council of the City of
Alaneda adopted its Resolution of intention he. 4565 to construct certain im-
pruvements in and for said City, and referred the proposed improvements to the
Superintendent of Streets of said City, he being the officer having charge and
control of the construction of oublic improvements in and for said City of the
kind Described in said Resolution of Intention, and being a competent person
employed by said City for that purpose; and
said Council thereby directed said Superintendent of Streets
to make and file with the Clerk of said City a report in writing, in accordance
with and pursuant to Article 2, Chapter 5, Title XIX of the Alameda Lunicipal
Code; and
AH REA., said report was duly made and filed with the Clerk, where-
upon the Clerk presented it to said Council for consideration; and
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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 accordinS to benefits, all of which was done in the form and
manner required by said Code; and
AHEREAS, said Council found that said report and each and every part
thereof was sufficient in every particular and determined that it should stand
as tLe report for all subsequent proceedings uLder said Code, whereupon said
Council, pursuant to the requirements of said Code, appointed Tuesday, Eay 6,
1952, at the hour of 8:00 o'clock P.W. of said day, in the Council. Chambers,
City Hall, Alameda, California, as the time and place for hearing protests in
relation to said proposed improvements and directed the Clerk of said City to give
notice of said nearing as required by said Code; and
', hrIERE.,'�S) it appears that notices of said hearing were duly and regularly
posted and published, within the time and in the 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
WHEREAS, one persons interested, objecting to said improvements,
or to th.e extent of the assessQent district, or to the proposed assessment or
diaSram, or to the City Superintendent of Streets' 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 desirinS 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; and
VJIIERI$�ii,,,3, pursuant to Article 1, Chapter 2, Title XII of the Alameda
iunicipal Code, said Council adopted its Resolution Co. 4581 Overruling Protests
on Resolution of Intention, wherein it did find that the public necessity required
the construction of said improvements in the canner proposed and did overrule and
deny eaca and all of said protests; and
said Cc uhuil has acquired jurisdiction to order said improve-
neLts and the confirmation of said diagram and said assessnent to pay the costs
rLd expenses unereof;
10K TIMMFORE, said Council does hereby find, determine and order as
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1. That the district benefited by said improvements and to be
assessed to pay the costs and expenses tnereof, and the exterior boundaries
thereof, is the district described in said Resolution of Intention. That all
pubiie streets, avenues, highways, lanes, alleys, places, public ways, rights
of way and easements contained within said assessment district, Us same being in
use in time performance of a public function as such, shall be omitted from said
district and from the levy and collection of time special taxes to be hereafter
levied and collected to cover the costs and expenses of said improvements.
® That the plans and speaifications for tuo proposed improvements,
contained in said report, be, and they are hereby, finally adopted and approved
as ansae plans and specifications to which said work shall be done as called for
in said Hesolution of Intention.
3. That the Superintendent of Streetst estimate of We itemized and
total estimated costs and expenses of said improvements, and of the incidental
expenses in connection therewith, contained in said report, be, and it is hereby,
finally adopted and approved as tke 3uperinte2dent'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, tie 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 miry, reference to which is hereby made for a more particular descrip-
tion of said improveaehts, axed also for further particulars, pursuant to the
provisions of said Code.
5. That the diaSram showinS the assessment district referred to and
descriued in said Resolution of Intention, and also the bounduries and dimensions
of the respective suodivisions of land within said district as the same existed
at tne time of tAe passage of said Resolution of Intention, each of which sub-
aivisions having been given a separate rnu,,aL)er upon said diaEram, as contained in
said report, 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 assessoont of torte total amount of the costs and expenses
of the proposed improvenents upon the several subdivisions of land in said
district in proportion to the estimated benefits to be received by said subdivi-
sions, respectively, from said imirovements, and of tne expenses incidental thereto,
coAtainod in said report, be, and the same is hereby, finally approved and con-
firmed as to the assessment to pay the costs and expenses of said improvements.
7. '.twat said inqineer's Re -port be, and the sane is hereby, finally
adopted and approved as as whole.
8. That the Clerk of said jity sLali forthwith deliver to the Super-
intendent of Streets of said Gity the said assessment, together with said diaqraln
thereto attached and made a part thereof, as confiroed by this Council, with her
certificate of such confirmation thereto attached and of the date thereof; and
that said Superintendent of streets shall forthwith record said diajram and
assessment in his office in a suitable book to be kept for that purpose, and append
the veto his certificate of the date of such recording, and such recordation shall
be and constioute the assessment roll herein.
9. Tkat said Superintendent of Streets, upon the recording of said
dialraw ana assess;aent, shall mail to each owner of real property within the
assess"ent district, at his last known audress as same appears on the tax rolls
of the City or on file in tie offiae of the Clerk of said Gity, or to both addresses,
if said address is not the same, or to the general uelivery when no address so
appears, a statement containing a desiSnation by Areet number or other descrip-
tion of tae property, assessed sufficient to eLable the owner to identify the same,
the amount of the assessment, the date of the recordation of said assessment, the
tia e aLd place of pajoent thereof, the effect of failure to pay within such time,
and a statement of the fact that unaid assessments will be placed upon the assess -
went roll of the City of 11ameda for collection concurrently with the requiar
local taxes of the City of Alameda, all in pursuance of Title XIX of the 11ameda
Lunicipal Code.
10. That said Superintendent of Streets shall also cause notice to Pay
Assessments to be published twice in the Alameda Times -Star, as Rewspaper published
and circulated in said jity, that said assessment has been recorded, and that all
swas assessed thereon are due and payable Liraediately, and that the payment of
said stuns is to be made to him within sixty (60) days after the date of recording
wain assessment, which date shall be stated in said notice.
I, the undersigned, hereby certify that the foregoing Resolution was duly
and regularly intraducea and adopted by the Council of the My of Alameda in
sZular meeting assembled on the bth day of Lay, 1952, by the following vote, to wit:
ibi'Es: Councilmen Anderson, Jones, Sweeney a321d President Osborn,
Ms: Lone.
ADULT: Councilmen Aranscheid, (1).
it "IMAS ATEREUPY I have hereunto set my hand and affixed the official
seal of said City this 7th day of Lay, 1952.
(SIAL) STIRLEY H. TENMIER
City of the City of 11ameda
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