RESOLUTION NO. 4172-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
AUTHORIZING THE IMPROVEMENT OF NEIGHBORHOOD STREETS IN FIVE
BRIDGE ASSESSMENT DISTRICTS THROUGH USE OF SURPLUS FUNDS WHEREAS, the City of Union City (the "City"), a general law city and municipal corporation duly organized and existing under the laws of the State of California; and WHEREAS, on October 30, 1972, by enacting Ordinance No. 94-72, the City created Bridge Benefit District No. 1, which applied a special assessment to fund the construction of the H Street Bridge; and
WHEREAS, on June 18, 1973, by enacting Ordinance No. 110-73, the City created Bridge Benefit District No. 2, which applied a special assessment to fund the construction of the Hall Ranch Road Bridge; and
WHEREAS, on October 15, 1973, by enacting Ordinance No. 114-73, the City created Bridge Benefit District No. 3, which applied a special assessment to fund the construction of the Dry Creek Street Bridge; and
WHEREAS, on May 5, 1980, by enacting Ordinance No. 190-80, the City created Bridge Benefit District No. 4 - South City Limits, which applied a special assessment to fund the construction of a second bridge across Alameda Creek on Union City Boulevard; and
WHEREAS, on March 16, 1987, by enacting Ordinance No. 5682-87, the City created Bridge Benefit District No. 5 - North City Limits, which applied a special assessment to fund the construction of the Union City Boulevard Bridge; and WHEREAS, each of the foregoing five bridge benefit districts were enacted pursuant to Government Code section 66484 (previously Bus. and Prof. Code §11547), which is now part of the Subdivision Map Act and provides a mechanism by which a local agency may, as a condition of approval of a final subdivision map or building permit, obtain funds from a subdivider or permitee to defray the cost of the construction of "bridges over waterways, railways, freeways and canyons, or constructing major thoroughfares"; and
WHEREAS, surplus funds remain for each of the five bridge benefit districts; and WHEREAS, the five bridge benefit districts are special assessments that were enacted prior to the Mitigation Fee Act (Government Code §§ 66000 et seq.) and may be used for the special benefit of the properties within that specific bridge assessment district after the City holds a noticed public hearing; and WHEREAS, the City would like to use the surplus funds for neighborhood street improvements for the benefit of each respective bridge benefit district; and WHEREAS, the City held a noticed public hearing for the proposed use of the surplus funds at its meeting on June 28, 2011.
Resolution No. 4172-11
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Union City as follows:
Section 1. Incorporation of Recitals. The above Recitals are hereby declared to be true and correct and findings of the City Council.
Section 2. Approval and Authorization. The City Council hereby approves the use of the surplus funds from the foregoing five bridge benefit assessment districts for neighborhood street improvements within the respective bridge districts.
Section 3. Execution. The City Manager and Public Works Director are hereby authorized and directed to use the surplus funds for the benefit of the bridge benefit assessment districts.
Section 4. Other Actions Authorized. The City Manager, Public Works Director, City Attorney and City Clerk shall take all action necessary or reasonably required to carry out, give effect to and consummate the transactions contemplated by this Resolution.
Section 7. Severability. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution.
Section 8. Effective Date. This Resolution shall be effective immediately upon its approval and adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on June 28, 2011, by the following vote:
AYES: Councilmembers Duncan, Ellis and Gacoscos, Vice Mayor Navarro, Mayor Green
NOES: None
ABSENT: None
ABSTAIN: None
Millen
ATTEST: APPROVED AS TO FORM:
RENE ELIÓTI
BENJAMIN T. REYES II
City Clerk City Attorney