HomeMy WebLinkAbout008-94 RESOLUTION NOo 8-94
APPROVING THE ESTABLISHMENT OF A BENEFIT DISTRICT AND
APPROVAL OF A REIMBURSEMENT AGREEMENT
WHEREAS, the Town of Danville, a Municipal Corporation, and Providence
Development Corporation, a California Corporation (subdivider of Subdivision 7646,
Lasata), have proposed the establishment of a Benefit District and a Public Improvement
Reimbursement Agreement for the Sherburne Hills area; and
WHEREAS, the Town and Providence have agreed to pay for the costs of a traffic signal
'at the intersection of Camino Tassajara and Sherburne Hills Road; and
WHEREAS, said traffic signal does benefit future dwelling units to be built within the
area of benefit of said benefit district; and
WHERF~S, all property owners included in the area of benefit of said benefit district
have been duly noticed of a public hearing to be held this date; and
WHEREAS, a duly noticed public hearing for the formation of the Sherburne Hills
Benefit District has been conducted as required by law at the January 18, 1994 regular
Council Meeting and all evidence related thereto has been heard; now, therefore, be it
RESOLVED, by the Town Council of the Town of Danville that:
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5.
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All improvements for which reimbursement is sought are public and will, upon
completion, be accepted by the Town of Danville;
The improvement is not located within the boundaries of the proposed
development;
The public improvement has the capacity and capability of serving and is
designed to serve additional properties not within the proposed development
due to the supplemental size, capacity, number or length of the improvement;
The proposed benefit district represents a geographical area of property which
will benefit directly and substantially by the public improvement; and
The method of determining contribution and the amount of contribution is fair
and reasonable to both the financing parties and the benefiting property owners
and fairly distributes the charge among all subject parcels in proportion to the
estimated benefit each will receive from the proposed improvement; and, be it
Appropriate $57,287 from the Tassajara Area Traffic Improvement Fee fund to
finance the Town's share of the traffic signal costs.
FURTHER RESOLVED, that the Mayor be, and is hereby authorized to execute, on
behalf of the Town, the Public Improvement Reimbursement Agreement For Sherburne
Hills Benefit District by and between the Town and Providence Development
Corporation; and, be it
PAGE 1 OF RESOLUTION NO. 8-94
FURTHER RESOLVED, that the Sherburne Hills Benefit District area, whose boundaries
are described in Exhibit B of the Public Improvement Reimbursement Agreement is
hereby established; and, be it
FURTHER RESOLVED, that those properties located within the Sherburne Hills Benefit
District area and shown on Exhibit B thereof, 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 said Public
Improvement Reimbursement Agreement for Sherburne Hills Benefit District.
APPROVED by the Town Council of the Town of Danville at a Regular Meeting on
January 18, 1994, by the following vote:
AYES: RITCHEY,
NOES: NONE
ABSTAINED: NONE
ABSENT: NONE
GREENBERG, DOYLE, SHIMANSKY, WALDO
MAYOR
APPROVED AS TO FORM:
CI' '~Y ATTORNEY
ATTEST:
CITY CLERK
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