HomeMy WebLinkAboutReso 28-19 Approve Preliminary Engineer's Reports and Appoint a Time and Place of Hearing Protests RESOLUTION NO. 28 — 19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING THE PRELIMINARY ENGINEER'S REPORTS AND APPOINTING TIME AND PLACE
FOR HEARING PROTESTS FOR STREET LIGHTING MAINTENACE DISTRICT 1983-1,
LANDSCAPE AND LIGHTING DISTRICT 1983-2, LANDSCAPE AND LIGHTING DISTRICT 1986-1,
LANDSCAPE AND LIGHTING DISTRICT 1997-1, AND STREET LIGHTING MAINTENANCE
DISTRICT 1999-1
WHEREAS, by its Resolution, directing preparation of annual reports for City of Dublin Street
Lighting Maintenance Districts and Landscape and Lighting Districts (the "Districts"), the City Council
designated the City Engineer, or their designee, as Engineer of Work 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 (the "Act"); and
WHEREAS, said Engineer of Work has made and filed with the City Clerk preliminary reports
in writing as called for in said Resolution and under and pursuant to said Act, which reports have
been presented to this Council for consideration; and
WHEREAS, the City Council has duly considered said reports and finds that each and every
part of said reports is sufficient and that said reports neither require nor should be modified in any
respect.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED, PURSUANT TO
CHAPTER 3 OF THE ACT, AS FOLLOWS:
Section 1: That the Engineer's estimate of the itemized and total costs and expenses of the
acquisition of improvements and maintaining said improvements and of the incidental expenses in
connection therewith, as contained in said reports be, and each of them are hereby preliminarily
approved and confirmed by the City Council;
Section 2: That the diagrams showing the assessment districts, description of the improvements to
be acquired and maintained, and the boundaries and dimensions of the respective lots and parcels of
land within said Districts, as contained in said reports be, and it is hereby preliminarily approved and
confirmed by the City Council; and
Section 3: That 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 Districts in
proportion to the estimated benefits to be received by such lots and parcels, respectively, from said
maintenance, and of the expenses incidental thereto, as contained in said reports be, and they are
hereby preliminarily approved and confirmed by the City Council.
Section 4: The City Council hereby declares that it is its intention to seek the Annual Levy of the
Districts pursuant to the Act, over and including the land within the District boundaries, and to levy
and collect assessments on all such land to pay the annual costs of the improvements. The City
Council finds that the public's best interest requires such levy and collection.
Reso No. 28-19, Adopted 4/16/2019, Item 4.8 Page 1 of 2
Section 5: The boundaries of the Districts are described as the boundaries previously defined in the
formation documents of the original Districts, within the boundaries of the City of Dublin, within the
County of Alameda, State of California.
Section 6: The improvements within the Districts may include, operation, maintenance, acquisition
and servicing of street lighting, landscaping, and appurtenant facilities within the boundaries of the
Districts. Services provided include all necessary service, operations, administration and
maintenance required to keep the improvements in a satisfactory operating condition.
Section 7: For Fiscal Year 2019-2020, the proposed assessments are outlined in the Engineer's
Reports which details any changes or increases in the annual assessment.
Section 8: The City Council hereby declares its intention to conduct a Public Hearing annually
concerning the levy of assessments for the Districts in accordance with Chapter 3, Section 22626 of
the Act.
Section 9: The City Clerk is hereby directed to give notice of said hearing to all property owners in
the Districts by causing the publishing of this Resolution once a week in a local newspaper published
and circulated in the City, for two consecutive weeks not less than ten (10) days before the date of
the Public Hearing, and by posting a copy of this Resolution in official posting locations customarily
used by the City Council for the posting of notices. Any interested person may file a written protest
with the City Clerk prior to the conclusion of the Public Hearing, or, having previously filed a protest,
may file a written withdrawal of that protest. A written protest shall state all grounds of objection and
a protest by a property owner shall contain a description sufficient to identify the property owned by
such property owner. At the Public Hearing, all interested persons shall be afforded the opportunity
to hear and be heard.
Section 10: Notice is hereby given that a Public Hearing on Street Lighting Maintenance District
1983-1, Landscape and Lighting District 1983-2, Landscape and Lighting District 1986-1, Landscape
and Lighting District 1997-1, and Street Lighting Maintenance District 1999-1, and these matters will
be held by the City Council on Tuesday, May 21, 2019, at 7:00 p.m. or as soon thereafter as feasible
in the City Council Chambers, located at 100 Civic Plaza, Dublin.
Section 11 The City Clerk is hereby authorized and directed to give notice of such hearing as
provided by law.
PASSED, APPROVED AND ADOPTED this 16th day of April 2019, by the following vote:
AYES: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert
NOES: -
ABSENT:
.‘4.7 (ABSTAIN: r-
�J I
Mayor
ATTEST:
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City Clerk
Reso No. 28-19, Adopted 4/16/2019, Item 4.8 Page 2 of 2