HomeMy WebLinkAbout116-91RESOLUTION NO. 116 -91
A RESOLUTION FOR THE FORMATION OF THE
NORTH EAST BEIVEFIT AREA
WHEREAS, Diablo Ranch and Dividend Development Corporation (Applicant) have
developed subdivisions in Danville that have been conditional to mitigate the
transportation impacts on the TOWN infrastructure; and
WHEREAS, mitigation of the development impacts are satisfied in part by the formation
of the North East Roadway Improvement Assessment District resulting in the construction
of transportation improvements; and
WHEREAS, Diablo Ranch Development Company and Dividend Development Corporation
have submitted an amended application and proposed reimbursement agreement for
formation of a benefit area within the Town of Danville; and
WHEREAS, Town staff has reviewed the amended application and reimbursement
agreement; and
WHERF~S, the amended application and reimbursement agreement has been found to
conform with Town Ordinance No. 76-85; and
WHEREAS, all affected property owners in the Benefit Area have been notified in writing;
and
WHEREAS, a duly noticed Public Hearing for the formation of the North East Benefit Area
has been conducted as required by law at the June 18, 1991 regular council meeting;
now, therefore, be it
RESOLVED, that the Town Council hereby finds that:
(1) all improvements are public improvements and will be accepted by the Town upon
completion;
(2) the improvements are not located within the boundaries of the of any proposed
developments;
(3) the public improvements have the capacity and capability of serving and are
designed to serve additional properties not within the proposed developments due
to the supplemental size, capacity, number or length of the improvement;
(4) the proposed benefit area represents a geographical area of property which will
benefit directly and substantially by the public improvement; and
(5) the method of determining contributions and the amount of contribution is fair and
reasonable to both the financing party and the benefitted property owners and fairly
distributes the charge among all subject parcels in proportion to the estimated
benefit each will receive from the proposed improvements; and, be it
FURTHER RESOLVED, that the Mayor be, and hereby is authorized to execute, on behalf
of the Town, the North East Benefit Area Reimbursement Agreement by and between the
Town and Diablo Ranch Development Company and Dividend Development Company;
and, be it
FURTHER RESOLVED, that the North East Benefit Area, whose boundaries are described
in Exhibit B, is hereby established; and, be it
FURTHER RESOLVED, that those properties located within the North East Benefit Area
and shown on Exhibit B are hereby declared to be "Benefitted Properties" as defined by
Ordinance 76-85, and shall be required to pay the reimbursement payment in the amount
and in the manner set forth in North East Benefit Area Reimbursement Agreement.
APPROVED by the Town Council of the Town of Danville at a meeting held on
June 18, 1991 by the following vote:
AYES: GREENBERG,
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
LANE, RITCHEY, SCHLENDORF, SHIMANSKY
MAYOR
ATTEST:
/TY CLE~
APPROVED AS~h ~
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