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HomeMy WebLinkAboutItem 6.10 MAD 83-1 Hear Date (2) AGENDA STATEMENT CITY COUNCIL MEETING DATE : August 12, 1985 SUBJECT: Public Hearing - Street Lighting Maintenance Assessment District 83-1 - 1985-86 levy of assessments EXHIBITS ATTACHED : 1 ) Engineer ' s Report 2 ) Resolution approving Engineer' s Report, confirming diagram and assessment and ordering levy of assessment 3 ) Assessment Diagram will be available at meeting RECOMMENDATION: 1) Open public hearing 2 ) Engineer ' s Report 3 ) Read the written protests 4 ) Hear oral protests 5) Hear proponents 6 ) Close public hearing 7 ) Approve Resolution approving Engineer ' s Report, confirming diagram and assessment and ordering levy of assessments FINANCIAL STATEMENT: 1985-86 Expenditures are estimated at $141, 439 . This will be financed through assessments totaling $130, 000 and a carry over from 1984-85 of 11, 439 . DESCRIPTION: In 1983, the City Council formed a Citywide Street Li.ghting Assessment District to replace the County of Alameda Lighting Service Area. On August 13 , 1984 , the City Council approved the Annual Engineer ' s Report and ordered the levy of assessments for the first time . The District budget for Fiscal Year 1984-85 was $116, 500 . It is anticipated that 1984-85 District revenues will exceed 1984-85 District expenditures by $11, 439 . The expenditures and assessments collected for 1984-85 were as follows : Expenditures : Engineering $ 7, 198 Maintenance and Energy 93 , 262 $100, 460 Assessments Collected $113 , 876 Less Collection Cost 1, 977 Net Assessments Collected $111, 899 Surplus Funds $11, 439 These figures are unaudited, however, they reflect the estimated final figures for 1984-85 . ITEM NO. (. /® COPIES TO: Y ' On June 24 , 1985, the City Council adopted a resolution approving the preliminary Engineer ' s Report for 1985-86, and a resolution appointing this meeting of the City Council as the time and place for hearing protests in relation to the proposed assessments . Notices of this meeting have been published and posted. The final recommended District budget for Fiscal Year 1985- 86 is $141, 439 . This budget has been adjusted from the Preliminary figures to account for final expenditures and assessments . Although the budget was adjusted the amount to be assessed has not changed. This budget would be financed by an estimated $11, 439 reserve carryover from Fiscal Year 1984-85 and recommended assessments of $130 , 000 for Fiscal Year 1985-86 . The 1985-86 District budget represents an increase of $24 , 939 over the Fiscal Year 1984-85 budget. This increase is , primarily attributable to the increased number of street lights and anticipated increases in energy rates . In Fiscal Year 1985-86, no change is recommended with respect to the District diagram or method of determining the assessments . The actual assessments to property owners will be calculated once the City receives the tax rolls from the County Assessor ' s Office. During fiscal year 1984-85 the assessment for a single family home parcel was $16 . 20 . The 1984-85 assessment is estimated to be in the low $18 . 00 range . Staff recommends that the City Council conduct a public hearing, deliberate, and adopt the Resolution approving the Engineer ' s Report . • CITY OF DUBLIN CITY OF DUBLIN STREET LIGHTING MAINTENANCE, ASSESSMENT DISTRICT (FISCAL YEAR 1985-86) E N G I N E E R' S R E P O R T CONTENTS 1 . Assessment, including Estimate of Costs (Assessment roll under separate cover) 2 . Assessment Diagram • 2 A S S E S S M E N T• • WHEREAS, On. May 28, 1985, the City Council of the City of Dublin, California, pursuant to the provisions of the Landscaping . and Lighting Act of 1972 , adopted /its Resolution Directing Preparation of Annual Report for Maintenance Assessment District for the maintenance of improvements more particularly therein described; WHEREAS, said resolution directed the undersigned to prepare and file a report pursuant to Section 22565 et seq. of said Act; NOW, THEREFORE, the undersigned, by virtue of the power vested in me under said Act and the order of the Council of said City, hereby make the following assessment to cover the portion of the estimated cost of the maintenance of said improvements and the cost and- expenses incidental thereto to be paid by said district. The amount to be paid for the maintenance of said improvements, and the expenses incidental thereto, are as follows : . E S T I M A T E O F C O S T S (1) (2) (3 ) As As Preliminarily *As Finally Filed Approved Approved Cost of Maintenance $124 , 500 $ 124 , 500 $124 , 580 Incidental Expenses 18,850 $ 18, 850 $ 16, 939 TOTAL COST $143 , 350 ,$ 143, 350 $141, 439 Surplus from Previous Fiscal Year 13 , 350 $ 13, 350 $ 11, 439 NET TO BE ASSESSED $130, 000 $130, 000 $130, 000 FOR FISCAL YEAR 1985-1986 , * "Recommended" I As required by said Act, a diagram is hereto attached showing the exterior boundaries of said landscaping maintenance assessment district and also the lines and dimensions of each lot or parcel of land within said landscaping maintenance assessment district as the same existed at the time of the passage of said resolution, each of which lots or parcels having been given a separate number upon said diagram. I do hereby assess the net amount to be assessed upon all assessable lots or parcels of land within said landscaping maintenance. assessment district by apportioning that amount among the several lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the maintenance of said improvements, and more particularly set forth in the list hereto attached and by reference made a part hereof . Said assessment is made upon the several lots or parcels of land within said landscaping maintenance assessment district in proportion to the estimated benefits to be received by said lots " or parcels, respectively, from the maintenance of said improvements . The diagram and assessment numbers appearing herein are the diagram numbers appearing on said diagram, to which reference is hereby made for a more particular description of said property. Each lot or parcel of land assessed is described in the assessment list by reference to its parcel number as shown on the Assessor ' s Maps of the County of Alameda for the fiscal year 1985-1986 and includes all of such parcel excepting those ` portions thereof within existing public roads or right of way to be acquired in these proceedings for public road purposes . For a more particular descripion of said property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of the said County. Because the names of the several owners are unknown to me, I hereby place the word. "Unknown" opposite the number of each lot or parcel of land assessed, the amount assessed thereon and the number of the assessment . Dated: June 20 , 1985 tis Title City E. - n-per 1 CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT ENGINEER' S COST ESTIMATE FISCAL YEAR 1985-1986 MAINTENANCE a) Electric Energy $124 , 500 $124 , 500 INCIDENTALS a) Engineer ' s Report and Proceedings $ 5, 500 • b) Cost of Collection (County) $ 2, 500 c ) Delinquencies $ 4, 500 d) Contingencies $ 4, 439 $ 16, 939 TOTAL $141, 439 • • CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT • METHOD OF APPORTIONING OF ASSESSMENT The assessments shall be spread using a method of "factor rates" ' assigned to different land uses . • The establishment of the apportionment of a factor rate of " ! " will be calculated by dividing the total assessment of the year by the sum of factor rate numbers assigned wherein the factor rates are assigned as follows : Use • Factor Rate (x i if • vacant) 0 Exempt (Gov' t/Util/etc . ) 0 1 Single Family Residential & Condos 1 2 Small Multiples ( 2-4 units ) 3 3 Commercial 5 . 5/ac 4 Industrial 5 .5/ac 5 Rural 0 .5 • 6 Institutional ' 5 .`5/ac 7 Apartments 6 8 Commercial 5 . 5/ac 9 Commercial 5 . 5/ac The assessment of each parcel shall be established by multiplying the factor rate for that parcel times the apportionment for a factor rate of 1 . • • • • • CITY OF DUBLIN STREET LIGHTING ' MAINTENANCE ASSESSMENT DISTRICT • CERTIFICATIONS FISCAL YEAR 1985-86 I, the Deputy City Clerk of the City of Dublin, California, hereby certify that the foregoing Engineer' s Report including Assessment, in the amounts set forth in Column (1) , with the diagram thereto attached, was filed with me on June . 20, 1985 . jetg Cle-t(L) ) ' I, the Deputy City Clerk of the City of Dublin, California, hereby certify that the foregoing Assessment, with -the diagram -- thereto attached, was preliminarily approved and confirmed by -the City Council of said City by its Resolution No. 55-85, duly adopted by said Council on June 24 , 1985. (2k- I, the City Clerk of the City of Dublin, California, hereby certify that the foregoing Assessment, with the diagram thereto attached, was finally approved and confirmed by the City Council of said City by its Resolution No. , duly adopted by said Council on , 1985 . • • I, • the City Clerk of the City of Dublin, California, hereby certify that a certified copy of the assessment and diagram was filed in the office of the County Auditor of the County of Alameda, California, on 1985 . • • • 1 RESOLUTION NO. 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, ar against the diagram or the assessment to pay for the costs and expenses thereof, in cwhole 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. • • • • * * * * * * * * - a 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 : NOES: ABSENT: Mayor ATTEST: _ City Clerk • • • • • • • 1 r (7 • •