Loading...
HomeMy WebLinkAbout114-90RESOLUTION NO. 114-90 A RESOLUTION DETERMINING COMPLIANCE WITH DIVISION 4 OF THE STREETS AND HIGHWAYS CODE, AND DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS FOR THE ACQUISITIONS AND IMPROVEMENTS WITHOUT FURTHER PROCEEDINGS UNDER SAID DIVISION 4 ASSESSMENT DISTRICT NO. 89-1 RESOLVED, by the Town Council of the Town of Danville, California, that WHEREAS, a written petition for undertaking proceedings pursuant to special assessment and assessment bond acts, and to assess the costs thereof upon the properties benefited, and waiving proceedings under Division 4 of the Streets and Highways Code of the State of California, signed by the owners of 97% of the properties proposed to be assessed, has been filed with the City Clerk of this Town for the acquisitions and improvements more particularly described in Exhibit "A" hereto attached and by reference incorporated herein; WHEREAS, the cost and expenses of the acquisitions and improvements, together with the incidental expenses of said proceedings, are to be chargeable upon an assessment district, the exterior boundaries of which are the coterminous exterior boundaries of the composite and consolidated area shown on a map thereof on file in the office of the City Clerk and which indicates by a boundary line the extent of the territory 3213001/45 1 % included in the proposed assessment district and which shall govern for all details as to the extent of the assessment district; WHEREAS, the proceedings are in whole or in part for the financing of the acquisitions and construction of improvements, portions of which are to be initiated under a contract or contracts entered into, or proposed to be entered into, pursuant to Section 66462 of the Government Code of the State of California; WHEREAS, pursuant to Section 2804.1 of said Streets and Highways Code, there has been submitted written evidence satisfactory to this Council that the total estimated amoun~ of the proposed assessment on the land to be subdivided pursuant to such contract or contracts will not exceed 75% of the estimated fair market value of the land to be subdivided and proposed to be assessed after the proposed public improvements shall have been acquired and constructed, and the Town Council is fully informed in the premises; WHEREAS, the owners have furnished the Town with their declaration, and any additional evidence which this Town may have required, concerning the existence of mortgages or deeds of trust on the land proposed to be subdivided and the names of any mortgagees or beneficiaries thereunder, as required by Section 2804.2 of said Streets and Highways Code; and WHEREAS, the public interest and convenience will be served by the taking of the proceedings; 3213001/45 NOW, THEREFORE, IT IS HEREBY FOUND AND DETERMINED that: 1. The owners of 97% of the property subject to assessment for said acquisitions and improvements who appear to be such on the Assessor's roll on the day that the petition was filed, or, in the case of transfers of land or parts thereof subsequent to the date upon which the last Assessor's roll was prepared, appear to be such on the records in the County Assessor's office which the County Assessor will use to prepare the next ensuing Assessor's roll, and as further defined in said Section 2804.2 of the Streets and Highways Code, have signed and filed with the City Clerk a written petition for the acquisition and construction of improvements pursuant to appropriate special assessment and assessment bond acts without further compliance with the provisions of Division 4 of said Streets and Highways Code. 2. The total estimated amount of the proposed assessment, on the land to be subdivided pursuant to a contract or contracts entered into, or proposed to be entered into, pursuant to Government Code Section 66462, will not exceed 75% of the estimated fair market value of the land to be subdivided and proposed to be assessed, after the proposed acquisition and construction of public improvements. 3. The owners, as specified in Section 2804 of said Streets and Highways Code, have furnished the Town with their declaration and any additional evidence which the Town may have 3213001/45 3 required, concerning the existence of mortgages or deeds of trust on that portion of the lands to be assessed which is for the financing of the acquisition and construction of improvements to be initiated under a contract entered into or proposed to be entered into pursuant to Section 66462 of said Government Code, and the names of any mortgagees or beneficiaries thereunder, and this City has not required any additional evidence over and above the declarations and additional evidence referred to above, all in strict compliance with the requirements of Section 2804.2 of said Streets and Highways Code. IT IS HEREBY ORDERED that: 1. The proceedings shall be had pursuant to the Municipal Improvement Act of 1913 (Division 12 of said Streets and Highways Code) and the bonds upon the unpaid assessments thereof shall be issued pursuant to the Improvement Bond Act of 1915, Division 10 of said Street and Highways Code, 2. The provisions of Division 4 of said Streets and Highways Code, other than those referred to herein be, and they are hereby, dispensed with. 3213001/45 4 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 5th day of 3une , 1990 by the following vote: AYES, and in favor thereof, Councilmembers: GREENBERG, LANE, RITCHEY, SCHLENDORF NOES, Councilmembers: NONE ABSENT, Councilmembers: NONE ABSTAIN, Councilmember: SHIMANSKY ATTEST: ~Ci ty~~e rk~~ APPROVED AS TO FORM: CITY 3213001/45 EXHIBIT A ( lo ~o ~e e e e .7. e TOWN OF DANVILLE DIABLO ROAD/EL CERRO BOULEVARD ASSESSMENT DISTRICT DESCRIPTION OF PROPOSED WORK EL CERRO BOULEVARD ¢I-680 TO MT. DIABLO ROAD) Install landscaped median, reconstruct pavement, add drainage; new traffic stripes and signs fortwo-lane road with bike lanes. DIABLO ROAD AT ~?. CFRRO RO~ARD Provide traffic signals, median curbs, left and right turn lanes, curb and gutter, sidewalks and new pavement overlay, traffic stripes and signs. DIABLO ROAD ¢TASSAJARA TO EL CERRO BOUT~VARD) Widen existing road to provide two lanes, bike lanes and center left turn lane, install curb and gutter, sidewalks, drainage, lighting, stripes and signs. DIABLO ROAD (EL CERRO BOULEVARD TO GREEN VALLEY ROAD Widen road ~o four lanes with parking on each side, median islands at E1 Cerro and Green Valley, left turn lanes, curb andgutter, sidewalks, drainage, lighting, traffic stripes and signs. DIABLO ROAD AT GREEN VALLEY ROAD Install traffic signals at intersection. GREEN VALLEY ROAD (DIABLO ROAD TO STONE VALLEY ROAD) Widen to provide for two lanes with bike lanes, parking, left turn lanes at intersections, curb and gutter, sidewalk on one side, drainage, pavement, traffic stripes and signs. DIABLO ROAD (GREEN VALLEY ROAD TO MT. DIABLO SCENIC ROAD) Widen to two lanes, shoulders, bike path, pavement, median islands at Green Valley Road, drainage, traffic stripes and signs. HIDDEN OAKS AT BLACKHAWK ROAD Install traffic signal at intersection.