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HomeMy WebLinkAboutReso 095-03 2003-04 LevyAssmnts RESOLUTION NO. 95 - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN A RESOLUTION OF INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR 2003-2004, PRELIMINARH,Y APPROVING ENGINEER'S REPORT, PROVIDING FOR NOTICE OF HEARING, AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, this Council adopted Resolution No. 023-03, a Resolution Directing Preparation of Annual Report for the City of Dublin Landscaping and Lighting Maintenance Assessment District 83-2 (the "District"); and WHEREAS, pursuant to this Resolution, an Engineer's Report has been prepared, filed with the City Clerk; and duly considered by this Council; NOW, THEREFORE, the City Council of the City of Dublin resolves as follows: 1. The Engineer's Report is hereby deemed sufficient and is preliminarily approved. This report shall stand as the Engineer's Report for all subsequent proceedings under and pursuant to the foregoing Resolution. 2. It is the intention of the Council to levy and collect assessments within the District for Fiscal Year 2003-2004. Within the District the existing and proposed improvements and the substantial changes proposed to be made to existing improvements are described in the Engineer's Report. 3. The general location and proposed boundaries of the District are as shown on a map on file and open to inspection in the office of the City Clerk. 4. Reference is hereby made to the aforementioned Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the proposed District, and the proposed assessments upon assessable lots and parcels of land within the District, each of which assessments is proposed to be increased from the previous year. 5. This Council hereby orders that a public hearing shall be held on Tuesday, August 5, 2003, at 7:00 p.m., before this Council in the regular meeting place thereof, the Dublin Civic Center, 100 Civic Plaza, Dublin, California, for the purpose of allowing public testimony regarding the proposed assessments for the District and this Council's determination whether the public interest, convenience, and necessity require improvements and this Council's final action upon the Engineer's Report and the assessments therein. 6. The City Clerk is hereby authorized and directed to cause notice of the hearing to be given by mailing, postage prepaid, in the United States mail, and such notice shall be deemed to have been given when so deposited in such mail. The envelope or cover of the mailing shall include the name of the City and return address of the City Clerk as sender. The mailed notice shall be given to all property owners within the District as shown in the Engineer's Report by such mailing by name to those persons whose names and addresses appear on the last equalized assessment roll of the County of Alameda or the State Board of Equalization assessment roll, as the case may be. The amount of the proposed assessment for each parcel shall be calculated and the record owner of each parcel shall be given written notice by mail of the proposed assessment, the total amount thereof chargeable to the entire District, the amount chargeable to the owner's particular parcel, the anticipated duration of payments for the assessment, the reason for such assessment and the basis upon which the amount of the proposed assessment was calculated. Each such mailed notice to owners shall contain a ballot, which includes the property owner's name, identification of the parcel, and support or opposition to the proposed increased assessment. Each notice shall include, in a conspicuous place, a summary of the procedures applicable to the completion, return, and tabulation of ballots, including a disclosure that the existence of a majority protest (whereby ballots submitted in opposition exceed those submitted in favor of the increased assessment, with ballots weighed according to proportional financing obligation of the affected property) will result in the increased assessment not being imposed. Each mailed ballot shall include a sealable return envelope with the City's address for receipt of completed ballots. The notice herein provided shall be mailed not less than forty-five (45) days before the date of public hearing. 7. The City Clerk is hereby designated as the impartial person responsible for the tabulation of the ballots. The City Clerk shall maintain a separate and secure file for the safekeeping of the :' assessment ballots as they are received and pending tabulation. Ballots shall be received up to the time of the closing of the public hearing. Ballots shall remain sealed until the close of the public hearing and the beginning of the tabulation, provided that ballots may be submitted, or changed, or withdrawn by the person submitting the ballot prior to the conclusion of the public hearing. During and after tabulation, the ballots shall be disclosable public records under Section 6252 of the California Government Code. PASSED, APPROVED AND ADOPTED this 3~a day of June, 2003. AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None /// May~r ' ATTEST: Deputy City Clerk G: XCC-MTGSX2OO3-qtr2 ~lun\6-03-03Xreso- prelim increase 83-2. doc (Item 4.2)