HomeMy WebLinkAboutReso 40-20 Resolution to Approve Preliminary Engineer's Reports and Appoint a Time andReso No. 40-20, Item 4.5, Adopted 05/19/20 Page 1 of 3
RESOLUTION NO. 40 - 20
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.
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 District s 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.
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Reso No. 40-20, Item 4.5, Adopted 05/19/20 Page 2 of 3
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 2020-2021, 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, June 2, 2020, at 7:00 p.m. or as
soon thereafter as feasible in the City of Dublin City Council Chambers, 100 Civic Plaza, Dublin,
California or at another City facility, telephonic, or electronic place, if such meeting is held
pursuant to the authority granted by Executive Order N-29-20, to hear protests or objections to
the levy of assessments for the Districts.
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 19th day of May 2020, by the following vote:
AYES: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
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Reso No. 40-20, Item 4.5, Adopted 05/19/20 Page 3 of 3
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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