HomeMy WebLinkAboutReso 081-84 MAD83-1LevyAssess RESOLUTION NO. 81- 84
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 fo the City of Dublin,
county of Alameda, California, that
WHEREAS, by its Resolution No. 43-84, A resolution
Directing Preparation of Annual Report for Maintenance Assessment
District, City of Dublin Street 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;
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 ~13," 1984, 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 °~der 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 therof;
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 a~ 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 plans and specifications, 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 accordane with, any resolution or order, if
any, heretofore duly adopted or made by this Counci.
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 apportioned
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 finding 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 resloution
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 the 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 by the Council of the City of Dublin, at a
regular meeting thereof held on the 13th day of August, 1984 by
the following vote, to wit:
PASSED, APPROVED AND ADOPTED this 13th day of August,1984.
AYES: Counci]members Hegarty, Jeffery, Moffatt and
Mayor Snyder
NOES: None
ABSENT: Co uncilmember Von~
Mayor
City Clerk