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HomeMy WebLinkAboutReso 087-85 MAD 83-1 AssessLevy RESOLUTION NO. 87-85 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF DUBLIN A RESOLUTION APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of Dublin, County of Alameda, California, that WHEREAS, by its Resolution No. 39-85, A resolution Directing Preparation of Annual Report for Maintenance Assessment District, City of Dublin Lighting Maintenance Assessment District, (the "district"), this Council designated the City Engineer, as Engineer and ordered said engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972;and WHEREAS, said report was duly made and filed with the City Clerk and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that said report should stand as Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid resolution, and that August 12, 1985, at the hour of 7:30 o'clock p.m., in the regular meeting place of the Council, Dublin Library, 7606 Amador Valley Boulevard, Dublin, California, were appointed as the time and place for a hearing by the Council on the question of the levy of the proposed assessment, notice of which hearing was duly and regularly published; and WHEREAS, at the appointed time and place said hearing was duly and regularly held, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said levy were fully heard and considered by this Council, and all oral statements and all written protests or communications were duly heard, considered and overruled, and this Council thereby acquired jurisdiction to order said levy and the confirmation of the diagram and assessment prepared by and made a part of the report of said engineer to pay the cost and expenses thereof; NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby approve that: 1. The property owners owning more than fifty percent (50%) of the area of assessable land within the District had not, at the conclusion of said hearing, filed written protests against the said proposed levy, as a whole or as to any part thereof, or against the said District or the extent thereof to be assessed for the costs and expenses of said levy as a whole, or as to any part thereof, or against the engineer's estimate of costs and expenses, in whole or in part, or against the maps and description, in whole or in part, or against the diagram or the assessment to pay for the costs and expenses thereof, in whole or in part. 2. The public interest, convenience and necessity require that said levy be made. 3. The district benefited by said improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof filed in the office of the City Clerk, which map is made a part hereof by reference thereto. 4. Said Engineer's report as a whole and each part thereof, to wit: (a) the Engineer's estimate of the itemized and total costs and expenses of maintaining said improvements and of the incidental expenses of maintaining said improvements and of the incidental expenses in connection therewith; (b) the diagram showing the assessment district, description of the improvements to be maintained and the boundaries and dimensions of the respective lots and parcels of land within said district; and (c) the assessment of the total amount of the cost and expenses of the proposed maintenance of said improvements upon the several lots and parcels of land in said District in proportion to the estimated benefits to be received by such lots and parcels, respectively, from said maintenance, and of the expenses incidental thereto; 5. Final adoption and approval of the Engineer's Report as a whole and of the estimate of the costs and expenses, the diagram and the assessment, as contained in said report, as hereinabove determined and ordered, is intended to and shall refer and apply to said report, or any portion thereof, as amended, modified, or revised or corrected by or pursuant to and in accordance with, any resolution or order, if any, heretofore duly adopted or made by this Council. 6. Said assessment to pay the cost and expenses of the maintenance of said improvements is hereby levied. For further particulars pursuant to the provisions of said Landscaping and Lighting Act of 1972, reference is hereby made to said Resolution Directing Preparation of Annual Report. 7. Based on the oral and documentary evidence, including. said Engineer's Report, offered and received at said hearing, this Council expressly finds and determines (a) that each of said several lots and parcels of land will be specially benefited by the maintenance of said improvements as least in the amount, if not more than the amount, of the assessment aportioned against said lots and parcels of land, respectively, and (b) that there is substantial evidence to support, and the weight of said evidence preponderates in favor of, the aforesaid findings and determination as to special benefits. 8. Immediately upon the adoption of this resolution, but in no event later than the third Monday in August following such adoption, the City Clerk shall file a certified copy of the diagram and assessment and a certified copy of this resolution with the Auditor of the County of Alameda. Upon such filing, the County Auditor shall enter on the County Assessment Roll opposite each lots or parcel of land and amount of assessment thereupon as shown in the assessment. The assessments shall be collected at the same time and in the same manner as County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. After collection by the County of Alameda the net amount of the assessments, after deduction of any compensation due to County for collection, shall be paid to the Finance Director of the City. 9. Upon receipt of moneys representing assessments collected by the County, the Finance Director of this City of Dublin shall deposit the moneys in the City Treasury to the credit of an improvement fund, which improvement fund the Finance Director of this City is hereby directed to establish under the distinctive designation of said District. Monies in said improvement fund shall be expended only for the maintenance of said improvements. I hereby certify that the foregoing resolution was duly and regularly adopted and passed by the City Council of the City of Dublin, California, at a regular meeting thereof held on the 12th daY of August, 1985, by the following vote, to wit: PASSED, APPROVED AND ADOPTED THIS 12th day of August, 1985. AYES: Councilmembers Hegar%y, Je£fery, Vonheeder and Mayor Snyder..~ NOES: ABSENT: None Ci'ty Clerk '