Loading...
HomeMy WebLinkAbout117-904 RESOLUTION NO. 117-90 A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS ASSESSMENT DISTRICT NO. 89-1 RESOLVED, by the Town Council of the Town of Danville, California, that WHEREAS, on the 6th day of July, 1989, this Council adopted its Resolution of Intention No. 95-89, to acquire and construct public improvements, and r~ferred 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; 3213001/48 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, as well as 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 Tuesday, the 5th day of June, 1990, at the hour of 7:30 o'clock p.m., in the regular meeting place of this Council, Town Meeting Hall, 201 Front Street, 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; 3213001/48 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 WHEREAS, 0 persons interested, objecting to the acquisitions and improvements, or to the extent of the assessment district, or to the diagram or the proposed assessment, or to the proposed annual assessment, or to the grades at which the work will be done, or to 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 and the annual assessment to pay administration, assessment collection and bond registration costs; NOW, THEREFORE, said Council does hereby FIND, DETERMINE and ORDER as follows: 3213001/48 3 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 ~o be acquired, or to the annual assessment to pay administration, assessment collection and bond registration costs. 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, or the annual administrative assessment, 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 3213001/48 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. 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 3213001/48 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 3213001/48 6 · i 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. 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, and the maximum annual assessment for administration, assessment collection and bond registration costs, 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. 3213001/48 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 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 descriptionof 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. 3213001/48 15. That said Collection Officer shall also cause Notice to Pay Assessments to be published in the San Ramon Valley Times, a newspaper published and circulated in this Town 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 bonds will be issued upon unpaid assessments as above provided. 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. The provisions of paragraphs 14 and 15 hereof may be dispensed with if there is filed with the City Clerk a petition executed by the owners of all of the property subject to assessment waiving the right to pay assessments during the cash payment period therein referenced. 3213001/48 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: ~Cit~~~Ye r~j APPROVED AS TO FORM: CITY bRNEY 3213001/48 10