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HomeMy WebLinkAbout107-89 RESOLUTION NO. 107-89 A RESOLUTION ORDERING CHANGES AND MODIFICATIONS AS A RESULT OF CONTRIBUTION TO PROJECT FROM ANOTHER GOVERNMENTAL AGENCY ASSESSMENT DISTRICT NO. 88-1 RESOLVED, BY THE TOWN COUNCIL of the TOWN OF DANVILLE, CALIFORNIA, that: WHEREAS, this Council has undertaken special assessment and assessment bond proceedings pursuant its Resolution of Intention No. 29-88, adopted on March 31, 1988, for the above entitled Assessment District; WHEREAS, the public improvements (herein the "Project") being financed in said proceedings include a certain 30 inch diameter sewer line and manholes and other appurtenances related thereto, in the road known as Camino Tassajara, herein collectively referred to as the "Sewers in Camino Tassajara"; WHEREAS, the estimated cost of the Sewers in Camino Tassajara is included as a part of the total Project cost heretofore assessed on the parcels in the assessment district in accordance with benefit to said parcels from the public improvements; WHEREAS, upon completion of construction by the Town, the Sewers in Camino Tassajara will be conveyed to the Central Contra Costa Sanitary District (herein "District"), to be thereafter owned, maintained and operated by the District, the District being the public agency providing sewer service within this Town; WHEREAS, there has been submitted to this Council a proposed agreement, entitled "Agreement By and Between Town of Danville and Central Contra Costa District Related to Sanitary Sewer Improvements," pursuant to which the District agrees to make a contribution toward the cost of the Sewers in Camino Tassajara, being financed in said proceedings for which the parcels within the Assessment District have been assessed; the agreement also sets forth the terms by which the contribution is to be made towards the cost of the sewer improvements; WHEREAS, Section 10205 of the Municipal Improvement Act of 1913 (being the Act under which the special assessment proceedings are being conducted), which incorporates by 1 321300]/37 reference Section 5125 of the California Streets and Highways Code, allows for this Town to accept contributions from another public agency and to contribute towards the costs and expenses of the work being done in the proceedings the funds made available for such purpose by the other public agency; and WHEREAS, it is contemplated that said agreement will be approved and entered into by and between this Town and the District; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED as follows: 1. It is in the public interest and the interest of the owners of the property within Assessment District No. 88-1 that the contribution herein referenced be accepted by this Town for the Project, and contributed toward the costs and expenses of the Project in accordance with the terms specified by the public agency making the contribution. 2. The action hereby taken does not: (a) increase the total amount of the assessment; (b) provide for the elimination or addition of work or substitution therein; or (c) exclude territory from the Assessment District. Accordingly, said proceedings are hereby ordered, changed and modified by the actions herein set forth. 3. Conditioned upon said agreement being approved by the parties thereto, the contribution by the Central Contra Costa Sanitary District in the amount of $714,545 is hereby accepted for this Town's Assessment District No. 88-1, and is hereby contributed towards the cost and expenses of the sewer improvements being acquired and constructed pursuant to said Resolution of Intention. 4. The contribution towards the Sewers in Camino Tassajara shall be made in accordance with the terms established by the District in making the contribution, being the terms set forth in the agreement, as follows: A. There shall be credited against the assessments in these proceedings the amount of $547,281 (being the amount assessed in the proceedings for the Sewer in Camino Tassajara, including estimated design, inspection, plan checking and contingency costs related thereto. The parcels assessed shall be credited in the same manner as they were assessed for the Sewer in Camino Tassajara, to wit: 2 32]300]/37 ASSESSMENT NUMBER PERCENT AMOUNT 1 1 47% $ 8,045 03 2 2 83% 15,488 05 3 1 70% 9,303 78 4 18 59% 101,739 53 5 28 12% 153,895 42 6 10 06% 55,056 47 8 22 89% 125,272 62 9 6 64% 36,339 46 10 7 70% 42,140 64 100 00% $547,281 00 B. The amount of $167,264, being the amount of the contribution by the District in excess of the amount credited pursuant to Subsection A, shall be used to offset the actual cost in excess of the amount assessed for the acquisition and construction of the Sewers in Camino Tassajara. 5. All of these assessments remain unpaid and are being paid in installments. Accordingly, the Clerk shall provide a copy of this Resolution to the County Auditor-Controller of the County of Contra Costa; the Auditor-Controller is hereby directed to reduce the amount of the assessment principal, and interest thereon, to be collected on each of the aforesaid parcels (pro-rated to any subparcels in the event a parcel has been subdivided and the lien thereon apportioned subsequent to the preparation of the Engineer's Report) on the tax roll for fiscal year 1989-90 by the amount of the credit shown for the parcel in the above table. In the event the credit on a parcel exceeds the amount of the assessment principal, and interest thereon, to be collected on the tax roll for said fiscal year, the excess shall be carried forward and credited in subsequent fiscal years until the credit is fully liquidated. 6. Upon its receipt from the District, the City Finance Director is hereby directed to forthwith transmit the contribution to the Town's Fiscal Agent for this Project with the instruction that the amount of $547,281 be deposited into the Project's Redemption Fund and the amount of $167,264 be deposited into the Project's Improvement Fund. 7. The Clerk is hereby directed to transmit a copy of this Resolution to the City Engineer who is directed to attach same to the Engineer's Report on file in his office for these proceedings. 8. The Clerk is hereby directed to transmit a copy of this Resolution to the Fiscal Agent, being Security Pacific National Bank. 3 321300]/37 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 7th day of August , 1989 by the following vote: AYES, and in favor thereof, Councilmembers: GREENBERG, RITCHEY and SCHLENDORF NOES, Councilmembers: None ABSENT, Councilmembers: JAGGER and LANE Mayo r ATTEST: APPROVED AS TO FORM: 4 3213001/37