HAYWARD CITY COUNCIL RESOLUTION NO. 23- _
Introduced by Council Member
RESOLUTION APPROVING THE ENGINEER’S REPORT, RECONFIRMING MAXIMUM BASE ASSESSEMNT RATE, CONFIRMING THE ASSESSMENT DIAGRAM AND FISCAL ASSESSMENT, AND ORDERING LEVY AND COLLECTION OF FISCAL ASSESSMENTS FOR FISCAL YEAR 2024 FOR MAINTENANCE DISTRICT NO. 1: STORM DRAINAGE PUMPING STATION AND STORM DRAIN -PACHECO WAY, STRATFORD ROAD, AND RUUS LANE WHEREAS, by adopting Resolution No. 23-136 on June 6, 2023, this City Council approved the preliminary Engineer's Report and declared intention to levy assessments for Fiscal Year 2024 in accordance with the provisions of Section 10-10.25 of the Hayward Municipal Code; and WHEREAS, said report was duly made and filed, and duly considered by this City Council and found to be sufficient in every particular, whereupon it was determined that said report should stand as the Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid resolution, and that June 27, 2023, at the hour of 7:00 p.m., in the regular meeting place of this Council, City Council Chambers, 777 B Street, 2nd Floor, Hayward, California, has been appointed as the time and place for a hearing by this City Council for approval of the Engineer’s Report and levy of assessments; and WHEREAS, at the appointed time and place, said hearing was duly and regularly held, and all interested persons 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 City Council; and WHEREAS, the Maximum Base Assessment Rate is clarified to be $243.92 per parcel, based upon a review of the originally adopted district formation budget which included a Maximum Base Assessment Rate of $243.92 per parcel.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward as follows:
The public interest, convenience, and necessity require that the levy be assessed; The properties benefitted by the improvements and to be assessed in order to reimburse the costs and expenses thereof, and the exterior boundaries thereof, are shown on the maintenance district diagram attached hereto as Exhibit "A" and included in the Engineer's Report; Said Engineer's Report as a whole and each part thereof, to wit:
The engineer's estimate of the itemized and total costs and expenses of the improvements and of the incidental expenses in connection therewith and the method of cost allocation and schedule of assessments; Assessment roll, identifying the property within the district and setting the base monetary obligation of each property owner; The maintenance district diagram;
The map of the maintenance district showing the boundaries and the respective parcels within the district; is finally approved and confirmed and incorporated herein.
The public interest, convenience, and necessity require that a levy on each parcel in the District, the exterior boundaries of which are shown by a map thereof filed in the office of the City Clerk and made a part hereof by reference, which is benefitted by the Maximum Base Assessment Rate, be made at $243.92 per parcel.
Adoption of the Engineer's Report as a whole, estimate of the costs and expenses, the diagram, the assessment and the collection of fees 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 accordance with, any resolution or order, if any, heretofore duly adopted by or made by this City Council.
The fiscal assessment in the amount of $243.92 per parcel to pay the costs and expenses of the maintenance of the improvements is hereby levied, and the remaining funds on deposit in the improvement fund are to cover the expenses for Fiscal Year 2024, and the City of Hayward Director of Finance is hereby directed to expend said money for the maintenance of the improvements set forth in this resolution and described in the Engineer’s Report, and it is hereby determined to order the collection of $243.92 per parcel.
Based on the oral and documentary evidence offered and received, including the Engineer's Report, this City Council expressly finds and determines:
That each of the parcels in the district will be specially benefitted by the improvements at least in the amount, if not more than the amount, of the assessment apportioned against the parcel; That there is substantial evidence to support this finding and determination as to special benefit; Any public property owned by any public agency and in use in the performance of a public function with the district shall not be assessed.; Immediately upon the adoption of this resolution, but in no event later than the third Monday in August following such adoption, SCI Consulting Group shall file a certified copy of this resolution, the diagram, and the assessment with the Auditor of the County of Alameda. Upon such filing, the County Auditor shall enter on the county assessment roll opposite each lot 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 the county of collection, shall be paid to the Director of Finance of the City of Hayward.
Upon receipt of monies representing assessments collected by the county, the Director of Finance of the City of Hayward shall deposit the monies in the City treasury to the credit of a Special Revenue Fund, under the distinctive designation of said Maintenance District No. 1 - Storm Drainage Pumping Station and Storm Drain Conduit - Pacheco Way, Stratford Road and Ruus Lane. Monies in said improvement fund shall be expended only for said maintenance of the improvements set forth in the Engineer’s Report, referenced in this resolution.
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2023 ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: _______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
__________________________________________
City Attorney of the City of Hayward
ATTACHMENT IIATTACHMENT II
ATTACHMENT II
ATTACHMENT II