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RESOLUTION NO. 116-90
A RESOLUTION ORDERING CHANGES AND MODIFICATIONS
ASSESSMENT DISTRICT NO, 89-1
RESOLVED, by the Town Council of the Town of Danville,
California that
WHEREAS, this Council is conducting special assessment and
assessment bond prbceedlngs for this Assessment District
pursuant to its Resolution of Intention No. 95-89, adopted on
July 6, 1989;
WHEREAS, the owner of the parcel designated as Assessment
Parcel Number 2 (ASSessor'S Parcel Number 195-090-003) proposed
to be assessed in these proceedings has signed and filed with
the City Clerk a Petition, Consent and Waiver (herein
"Petition") pursuant to which it has requested that this
Council order an increase in the assessment on said parcel in
order to more equitably reflect the distribution of benefits in
said proceedings; said increase being in the amount of
$12,504.97;
WHEREAS, staff has recommended that the assessment on the
parcel designated as Assessment Parcel Number 1 (Assessor's
Parcel No. 195-090-004) be reduced by an equal amount in order
to more equitable reflect the distribution of benefit~ in said
proceedings;
WHEREAS, in the Petition the owner of said parcel expressly
waived its right to receive notice, and to be heard, on such
change; and
WHEREAS, this Council desires to amend said Resolution of
Intention in order to allow for term bonds to be issued in said
proceedlnps in accordance with statutory authority enacted
subsequent to the adoption of said Resolution of Intention;
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED,
as follows:
1. The above recitals are true and correct.
,
The Petition bas been duly signed by the owner of
Assessment Parcel Number 2.
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The assessment in Assessment Parcel Number 2 is hereby
ordered increased from $50,019.88 to $62,524.88 (being an
increase of $12,504.97) in accordance with the benefits to
be derived by said parcel in said proceedings and in
accordance with said Petition.
The assessment on Assessment Parcel Number 1 is hereby
ordered decreased from $112,544.82 to $100,039.85 (being a
decrease of $12,504.97) in accordance with the benefits to
be derived by said parcel in sa~d proceedings·
The changes and modifications referenced above do not
result in the increase in the cost of any assessment by
reason thereof, other than as requested by the owner of the
only parcel on which the assessment has been increased, and
does not affect the distribution of benefits from the work.
The Engineer is hereby directed to make said changes and
modifications either on the face of the Engineer's Report
or by filing an amendment tf~ereto.
The first paragraph of Section 13 of Resolution of
Intention NO. 95-89 is hereby amended to read as follows:
Notice is hereby given that serial or term bonds to
represent unpaid assessments, and to be~r 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 ezceed 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.
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I hereby certify that the foregoing is a full, true and
correct copy of a resolution duly passed an~ adopted by the Town
Council of the Town of Danville, California, at a meeting
thereof held on the 5th day of June .., 1990 by the
following vote:
AYES, and in favor thereof, Councilmembers: GREENBERG, LANE,
RITCHEY, SCHLENDORF
NOES, Councilmembers: NONE
ABSENT, Councilmembers: NONE
ABSTAIN, Councilmember:
SHIMANS~Y.
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ATTEST:
APPROVED AS TO FORM:
CITY ATTORNEY
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