HomeMy WebLinkAbout051-88 RESOLUTION NO. 51-88
A RESOLUTION AND ORDER ADOPTING ENGINEER'S
REPORT, CONFIRMING THE ASSESSMENT AND
ORDERING THE ACQUISITION AND CONSTRUCTION
OF IMPROVEMENTS
ASSESSMENT DISTRICT NO. 88-1
RESOLVED, by the Town Council of the Town of Danville,
California, that
WHEREAS, on the 31st day of March, 1988, this Council adopted its
Resolution of Intention No. 29-88, to acquire and construct public
improvements, and referred the proposed acquisitions and improvements
to the Engineer of Work of this Town, being a competent person
appointed by this Town for the purpose of having charge and control of
the acquisition and construction of public improvements in and for the
Town of the kind described in the Resolution of Intention;
WHEREAS, this Council thereby directed the Engineer of Work to
make and file with the City Clerk a report, in writing, in accordance
with and pursuant to the Municipal Improvement Act of 1913, being
Division 12 of the California Streets and Highways Code;
WHEREAS, the report (herein "Report") was duly made and filed
with the City Clerk, whereupon the City Clerk presented it to this
Council for consideration;
1
WHEREAS, this Council thereupon duly considered the Report and
each and every part thereof, and found that it contained all the
matters and things called for by the provisions of said Act, including
(1) plans and specifications of the proposed improvements, (2) maps
and/or descriptions of works, appliances and property to be acquired,
including any capacity rights or rights of service and use, (3)
estimate of costs, (4) diagram of district, (5) an assessment according
to benefits, including an annual assessment to pay certain
administration, assessment collection and bond registration costs, all
of which was done in the form and manner required by said Act;
WHEREAS, this Council found that the Report and each and every
part thereof was sufficient in every particular and determined that it
should stand as the Report for all subsequent proceedings under said
Act and said Resolution of Intention, whereupon this Council, pursuant
to the requirements of said Act, appointed Monday, the 2nd day of May,
1988, at the hour of 7:30 o'clock p.m., in the regular meeting place of
this Council, Education Center, 699 Old Orchard Drive, Danville,
California, as the time and place for hearing protests in relation to
the proposed acquisitions and improvements and directed the City Clerk
to give notice of the hearing as required by said Act;
WHEREAS, it appears that notices of the hearing were duly and
regularly posted, mailed and published in the time, form and manner
required by said Act, as evidenced by the certificates and affidavits
on file with the City Clerk, whereupon the hearing was duly and
regularly held at the time and place advertised in the notice; and
2
WHEREAS, ,..0 persons interested, objecting to the acquisitions
and improvements, or to the extent of the assessment district, or to
the proposed assessment or diagram, or to the grades at which the work
will be done, or the Engineer's estimate of the cost and expenses
thereof, or to the maps and descriptions, filed written protests with
the City Clerk at or before the time set for the hearing, and all
persons interested, desiring to be heard, were given an opportunity to
be heard, and all matters and things pertaining to the acquisitions and
improvements were fully heard and considered by this Council, and were
overruled, and this Council has acquired jurisdiction to order the
acquisitions and improvements and the confirmation of the diagram and
assessment to pay the cost and expenses thereof;
NOW, THEREFORE, said Council does hereby FIND, DETERMINE and
ORDER as follows:
1. That the owners of one-half of the area of the land to be
assessed for the acquisitions and improvements did not, at or prior to
the time fixed for the hearing, file written protests against the
proposed acquisitions and improvements as a whole, or against the
district or the extent thereof to be assessed for the cost and expenses
of the acquisitions and improvements as a whole, or as to the
Engineer's estimate of cost and expenses of the acquisitions and
improvements or to the proposed assessment to pay for the costs and
expenses thereof, or against the assessment diagram, or against the
grades at which the work is proposed to be done, or against the maps
and descriptions of the works, appliances or property to be acquired.
2. That any and all protests made either to the proposed
acquisitions and improvements, or the grades at which the work is
proposed to be done, or the extent of the assessment district, or the
amounts of the several assessments, or the maps and descriptions, and
all persons desiring to be heard in relation to any of said matters,
whether as protestants or otherwise, have been fully heard and
considered, and have been overruled.
3. That the district benefited by the acquisitions and
improvements and to be assessed to pay the cost and expenses thereof,
and the exterior boundaries thereof, is the district described in the
Resolution of Intention, and made a part thereof by this reference
thereto.
4. That 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 district and from the levy and collection of the
special assessments to be hereafter levied and collected to cover the
cost and expenses of the acquisitions and improvements.
5. That the Engineer's estimate of the itemized and total cost
and expenses of the acquisitions and improvements, and of the
incidental expenses in connection therewith, contained in the Report,
be, and it is hereby, finally adopted and approved as the Engineer's
total and detailed estimate of the cost and expenses of the
acquisitions and improvements.
4
6. That the plans and specifications for the proposed
improvements contained in the Report, be, and they are hereby, finally
adopted and approved as the plans and specifications to which the work
shall be done as called for in the Resolution of Intention.
7. That the public interest and convenience require, and this
Council does hereby order the acquisitions and improvements to be made
and done as described in and in accordance with the Resolution of
Intention, on file in the office of the City Clerk of this Town,
reference to which is hereby made for a more particular description of
the acquisitions and improvements and for further particulars pursuant
to the provisions of said Act.
The acquisitions and improvements will benefit the area within
the district, being undeveloped or underdeveloped, since the
acquisitions and improvements are required in order to meet the needs
Of future residents of the area within the district, as indicated by
the Town's general or specific plan for said area.
8. That the diagram showing the assessment district referred to
and described in the Resolution of Intention, and also the boundaries
and dimensions of the respective subdivisions of land within the
district as the same existed at the time of the passage of the
Resolution of Intention, each of which subdivisions having been given a
separate number upon the diagram, as contained in the Report, be, and
it is hereby, finally approved and confirmed as the diagram of the
properties to be assessed to pay the cost and expenses of the
acquisitions and improvements.
9. That the assessment of the total amount of the cost and
expenses of the proposed acquisitions and improvements upon the several
subdivisions of land in the district in proportion to the estimated
benefits to be received by the subdivisions, respectively, from the
acquisitions and improvements, and of the expenses incidental thereto,
as contained in the Report, be, and the same is hereby, finally
approved and confirmed as the assessment to pay the cost and expenses
of the acquisitions and improvements.
10. That the maximum annual assessment for bond administration,
collection and registration, as contained in the Report, does not
exceed the reasonable estimate of such costs likely to be incurred;
accordingly, said maximum annual assessment as contained in the Report,
be, and the same is hereby, finally approved and confirmed as the
maximum annual assessment to pay for such costs.
11. That the maps and descriptions of the acquisitions to be made,
as contained in the Report, be, and the same are hereby, approved and
confirmed.
12. That the Report be, and the same is hereby, finally adopted
and approved as a whole.
13. That the City Clerk shall forthwith deliver to the
Superintendent of Streets the assessment, together with the diagram
thereto attached and made a part thereof, as confirmed by this Council,
with the Clerk's certificate of such confirmation thereto attached and
of the date thereof, and that the Superintendent of Streets shall
forthwith record the diagram and assessment in his office in a suitable
6
book to be kept for that purpose, and append thereto his certificate of
the date of such recording, and such recordation shall be and
constitute the assessment roll herein.
14. That the Collection Officer, upon the recording of the diagram
and assessment, shall cause to be mailed to each owner of real property
within the assessment district at his last known address as the same
appears on the tax rolls, or on file in the office of the City Clerk,
or to both addresses if the address is not the same, or to the general
delivery when no address so appears, a statement containing a
designation by street number or other description of the property
assessed sufficient to enable the owner to identify the same, the
amount of the assessment, the date of the recordation of the
assessment, the time and place of payment thereof, the effect of
failure to pay within such time, and a statement of the fact that bonds
will be issued on unpaid assessments pursuant to the Improvement Bond
Act of 1915, being Division 10 of the California Streets and Highways
Code.
15. That said Collection Officer shall also cause Notice to Pay
Assessments to be published in the Valley Times, a newspaper published
and circulated in this Town, and in the Contra Costa Times, that the
assessment has been recorded and that all sums assessed thereon are due
and payable immediately and that the payment of the sums is to be made
within thirty (30) days after the date of recording the assessment,
which date shall be stated in the notice, the effect of the failure to
pay assessments with the thirty (30) day period, and of the fact that
bond5 will be i~u~d upon unpaid ~$~¢~m~nt~ a~ above provided. As to
7
each newspaper, the publication shall be made once a week for two
successive weeks with at least five (5) days intervening between the
respective publication dates, not counting such publication dates.
16. That final adoption and approval of the Report as a whole, and
of the plans and specifications, estimate of the cost and expenses,
maps and descriptions of the works, appliances and property to be
acquired, the diagram and the assessment, as contained in the Report,
as hereinabove determined and ordered, is intended to and shall refer
and apply to the Report, or any portion thereof, as amended, modified,
revised or corrected by, or pursuant to and in accordance with any
resolution or order, if any, heretofore duly adopted or made by this
Council.
8
I hereby certify that the foregoing is a full, true and
correct copy of a resolution duly passed and adopted by the
Town Council of the Town of Danville, California at a meeting
thereof held on the 2nd day of May , 1988 by
the following vote:
AYES, and in favor thereof, Councilmembers: Greenberg, Jagger, Lane,
Ritchey, Schlendorf
NOES, Councilmembers: None
ABSENT, Councilmembers: None
ATTEST:
~'t~~y l e r~