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HomeMy WebLinkAbout029-88 RESOLUTION NO, ~ ~ A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS ASSESSMENT DISTRICT NO. 88-1 RESOLVED, by the Town Council of the Town of Danville, California, that 1. In its opinion the public interest and convenience require and it is the intention of this Council to order the acquisitions and improvements more particularly described in Exhibit "A" hereto attached and by this reference incorporated herein. 2. To the extent that work, rights, improvements or acquisitions indicated in the Engineer's Report, to be made as provided herein, are shown to be connected to the facilities, works or systems of, or are to be owned, managed and controlled by, any public agency other than this Town, or of any public utility, it is the intention of this Council that this Town will enter into an agreement or agreements with the public \ agency or public utility or both pursuant to Chapter 2 (commencing with Section 10100) of Division 12 of the California Streets and Highways Code, which agreement or agreements shall provide for the ownership by said agency or utility of such works, rights, improvements or acquisitions, -1- ,o i and may provide for the installation of all or a portion thereof by said agency or utility and for the providing of service to the properties in the area benefiting from the work, rights, improvements or acquisitions by said agency or utility in accordance with its rates, rules and regulations, and that such agreement or agreements shall become effective after proceedings have been taken for the levy of the assessments and sale of bonds and funds are available to carry out the terms of any such agreement or agreements. 3. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersections of the public ways referred to are included to the extent that work shall be shown on the plans to be done therein. 4. All of the blocks, streets and alleys herein mentioned are more particularly shown on maps of record in the office of the County Recorder of Contra Costa County, California, and shall be shown upon the plans herein referred to and to be filed with the City Clerk. 5. All of the work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. 6. There is to be excepted from the work herein described any of such work already done to line and grade and marked excepted or shown not to be done on the plans, profiles and specifications. 7. Notice is hereby given of the fact that in many cases the work and improvements will bring the finished work to a grade different from that formerly existing, and that to said extent the grades are hereby changed and that the work will be done to the changed grades. 8. This Council does hereby adopt and establish as the official grades for the work the grades and elevations to be shown upon the plans, profiles and specifications. All such grades and elevations are to be in feet and decimals thereof with reference to the datum plane of the Town of Danville. 9. In cases where there is any disparity in level or size between the improvements proposed to be made herein and private property, and where it is more economical to eliminate such disparity by work on the private property than by adjustment of the work on public property, it is hereby determined that it is in the public interest and more economical to do such work on private property to eliminate such disparity. In such cases, the work on private property shall, with the written consent of the owner of said property, be done and the actual cost thereof may be added to the proposed assessment of the lot on which the work is to be done. -3- 10. The description of the acquisitions and improvements and the termini of the work contained in this Resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work, and maps and descriptions, as contained in the Engineer's Report, shall be controlling as to the correct and detailed description thereof. 11. The contemplated acquisitions and improvements, in the opinion of this Council, are of more than local or ordinary public benefit, and the cost and expenses thereof, together with any expenses incidental thereto, are made chargeable upon an assessment district, the exterior boundaries of which are the composite and consolidated area as more particularly shown on a map thereof on file in the office of the City Clerk, to which reference is hereby made for further particulars. The map indicates by a boundary line the extent of the territory included in the proposed assessment district and shall govern for all details as to the extent of the assessment district. 12. This Council declares that any publicly owned lot or parcel of land and all public streets and highways within the assessment district in use in the performance of a public function as such shall be omitted from the assessment hereafter to be made to cover the costs and expenses of the acquisitions and improvements. -4- 13. Notice is hereby given that serial bonds to represent unpaid assessments, and to bear interest at the rate of not to exceed twelve percent (12%) per annum, will be issued hereunder in the manner provided by Division 10 of said Streets and Highways Code, being the Improvement Bond Act of 1915, the last installment of which bonds shall mature not to exceed twenty- five (25) years from the second day of September next succeeding twelve (12) months from their date or the date of any division thereof. The provisions of Part 11.1 of said Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds, shall apply. It is hereby determined, and this Council hereby declares that the Town will not obligate itself to advance available funds from the Town treasury to cure any deficiency which may occur in the bond redemption fund. An even annual proportion of the aggregate principal sum of the bonds shall be payable on the second day of September in each year next succeeding the first twelve (12) months after their date until the whole is paid unless this Council, in its resolution providing for their issuance, determines that the amount of principal maturing in each year plus the amount of interest payable in that year will be an aggregate amount that is approximately equal each year, or, unless this Council, in -5- said resolution, makes other determination of the amount of the aggregate principal of the bonds that shall fall due in each year. This Council reserves the right to classify assessments into different terms of maturity so that smaller assessments may be made to mature over a shorter period of time. Unpaid assessments and the interest thereon, including in each case a fee to cover the expense of such collection as provided by law together with any fee in connection with the maintenance by the Town of a registration system for the bonds, will be collected during the term of the bonds and shall be payable in the same manner and at the same time and in the same installments as the general property taxes and shall be payable and become delinquent at the same times and in the same proportionate amounts and bear the same proportionate penalties and interest after delinquency as do the general taxes on real property. 14. Pursuant to Part 14 of Division 10 of said Streets and Highways Code, this Council intends to covenant for the benefit of bondholders to commence and diligently prosecute to completion any foreclosure action regarding delinquent installments of any assessments which secure the bonds to be issued in the proceedings to represent unpaid assessments. 6 15. Pursuant to Part 16 of Division 10 of said Streets and Highways Code, this Council intends to include in the proceedings an amount to create a special reserve fund for the bonds to be issued in the proceedings to represent unpaid assessments. 16. Except as herein otherwise provided for the issuance of bonds, all of the acquisitions and improvements shall be made and had as provided in the Municipal Improvement Act of 1913, being Division 12 of said Streets and Highways Code. 17. Reference is hereby made to proceedings had pursuant to Division 4 of said Streets and Highways Code on file in the office of the City Clerk. 18. The proposed acquisitions and improvements are hereby referred to the Engineer of Work, being a competent person employed by this Town for that purpose, and said Engineer is hereby directed to make and file with the City Clerk a report, in writing, pursuant to Section 10204 of said Streets and Highways Code, presenting the following; (a) Plans and specifications of the proposed improvements to be made pursuant to this Resolution; (b) A general description of works or appliances already installed and any other property necessary or convenient for the operation of the improvements, if the works, appliances, or property are to be acquired -7- as a part of the improvements, including any or all capacity rights or rights of service and use in existing facilities; (c) An estimate of the itemized and total estimated cost of the acquisitions and improvements and of the cost of lands, rights-of-way, easements, and incidental expenses in connection with the acquisitions and improvements, including any cost of registering bonds; (d) A diagram showing, as they existed at the time of the passage of this Resolution, all of the following: (1) The exterior boundaries of the assessment district. (2) The boundaries of any zones within the assessment district. (3) The lines and dimensions of each parcel of land within the assessment district. Each subdivision, including each separate condominium interest, as defined in Section 783 of the Civil Code, shall be given a separate number upon the diagram. The diagram may refer to the county assessor's maps for a detailed description of the lines and dimensions of any parcels, in which case those maps shall govern for all details concerning the lines and dimensions of the parcels. (e) A proposed assessment of the total amount of the cost and expenses of the proposed acquisitions and improvements upon the several subdivisions of land in the assessment district in proportion to the estimated benefits to be received by such subdivisions, respectively, from the acquisitions and improvements, and of the expenses incidental thereto. When any portion or percentage of the cost and expenses of the acquisitions and improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of the acquisitions and improvements, and the assessment shall include only the remainder of the estimated cost and expenses. The assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to subdivision (d) of this section. (f) A proposed maximum annual assessment upon each of the several subdivisions of land in the assessment district to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve or other related funds. 19. Noti~ i~ h~r~by given that, in the opinion of thi~ Council, the public interest will not be served by allowing the property owners to take the contract for the construction of --9-- the improvements and that, pursuant to Section 10502.4 of said Streets and Highways Code, no notice of award of contract shall be published. 20. If any excess shall be realized from the assessment it shall be used, in such amounts as this Council may determine, in accordance with the provisions of law for one or more of the following purposes: (a) Transfer to the general fund of the Town, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or 5% of the total amount expended from the improvement fund; (b) As a credit upon the assessment and any supplemental assessment, provided that such surplus may, if this Council so determines, also be applied as a credit to the Town or any local, state or national agency or authority on account of contributions made by the Town or authority towards the cost and expenses of the acquisitions and improvements, in the proportion which such contribution bears to the total amount of the assessment or supplemental assessment prior to the deduction of all such contributions; or 21. The estimated cost of the project is $16,480,000. 22. Notice is hereby given that it is the intention of this Council to consider adoption of an ordinance authorizing contributions by the Town from any sources of revenue not -10- otherwise prohibited by law, or any specified amount, portion or percentage of such revenues, for the purpose of acquisition or construction of improvements, the acquisition of interest in real property and the payment of expenses incidental thereto for the use and benefit of the assessment district, and to consider authorizing application of such revenues as a credit upon the assessment. -11- I hereby certify that the foregoing is a full, true and correct copy of a resolution duly and regularly passed and adopted by the Town Council of the Town of Danville, California, at a regular meeting thereof held on the 31s~ day of March , 198~ by the following vote: AYES, and in favor thereof, Councilmembers: Greenberg, Lane, Schlendorf, Ritchey NOES, Councilmembers: None ABSENT, Councilmembers: None ATTEST: -12- 'c EXHIBIT "A" Town of Danville Assessment District No. 88-1 Description of Work 1. Camino Tassajara - the acquisition and construction of approximately 4,750 LF of street and related earthwork and grading, storm drain, water system, approximately 2,800 LF trunk and associated sanitary sewer, and landscaping improvements from approximately 900 ft. west of the Crow Canyon Rd. intersection to approximately 3,850 ft. east of the Crow Canyon Rd. intersection. 2. Crow Canyon Road - the acquisition and construction of approximately 2,700 LF of street and related earthwork and grading, storm drain, water system, sanitary sewer, and landscaping improvements from the Camino Tassajara intersection southerly approximately 2,700 ft. 3. Tassajara Ranch Drive - the opening of, and the acquisition and construction of approximately 3,000 LF of street, and related earthwork and grading, storm drain, water system and landscaping improvements from a point on Crow Canyon Rd. approximately 2,000 ft. south of the Camino Tassajara intersection to a point on Camino Tassajara approximately 1,250 ft. east of the Crow Canyon Rd. intersection; and approximately 2,900 LF of storm drain connected from the existing outlet of a 48" storm drain at the south side of Camino Tassajara (approximately 1,000 ft. east of Crow Canyon Rd.) and extending to and along the herein below proposed riparian channel approximately 2,500 ft. south of Camino Tassajara. 4. Tassajara View Drive - the opening of, and the acquisition and construction of approximately 1,350 LF of street and related earthwork and grading, storm drain, water system and landscaping improvements from a point on Crow Canyon Rd. approximately 600 ft. south of the Camino Tassajara intersection easterly approximately 550 ft. to a point on the proposed Tassajara Ranch Drive which is described in number 3 above, said point of intersection being approximately 500 ft. south of the proposed Camino Tassajara - Tassajara Ranch Drive intersection. A-1 5. Channel Crossings - the opening of, and the acquisition and construction of two street crossings within the herein below proposed riparian channel, each consisting of approximately 160 LF of street and related grading, storm drain, water, sanitary sewer and landscaping improvements; both erossings extending east across the proposed riparian channel from proposed Tassajara Ranch Drive, the first located approximately 550 ft. south of Camino Tassajara the second located approximately 1,300 ft. south of Camino Tassajara. 6. Traffic Signals - the acquisition and construction of traffic signal improvements and associated interconnect for the following intersections: 1. Crow Canyon Rd. and Camino Tassajara. 2. Crow Canyon Rd. and proposed Tassajara View Drive. 3. Crow Canyon Rd. and proposed Tassajara Ranch Drive. Camino Tassajara and a future median break located approximately 800 feet east of the Camino Tassajara - Crow Canyon Road intersection. 5. Camino Tassajara and a future street located approximately 2,525 feet east of the Camino Tassajara - Crow Canyon Road intersection. 6.Camino Tassajara and proposed Tassajara Ranch Drive. 7. Riparian Channel and Mitigation Area - the acquisition and construction of approximately 4,000 ft. of realigned channel improvements for the West Branch Alamo Creek including earthwork and grading, two culvert crossings, grade transition to match existing Creek channel, grading of a mitigation area including an island, culvert crossing, and landscaping and check dam improvements. 8. Park - the acquisition and construction of a 22 acre community park to be located on Crow Canyon Road approximately 2,500 feet south of the intersection of said road with Camino Tassajara. 9. The funding of public infrastructure mitigation improvements of benefit to the assessment district in accordance with that certain Development Agreement for the development of Tassajara Ranch, dated May 6, I987. 10. Traffic Mitigation - the funding of a portion of the Town's share of those certain roadway improvements identified in that certain Joint Exercise of Powers Agreement approved by the Town of Danville, Council Resolution No. 29-87, adopted on April 20, 1987. A-2 11. Drainage Fee - the funding of an estimated prorata share of regional drainage improvements including a regional detention basin, to be constructed by the Contra Costa County Flood Control and Water Conservation District within the proposed Drainage Area 101A for the West Branch of Alamo Creek. 12. The acquisition of all interests in real property necessary for the above described construction and the acquisition and/or construction of any other work auxiliary to any of the above and necessary to complete the same; together with the payment of all incidental expenses related thereto. A-3