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HomeMy WebLinkAbout090-94RESOLUTION NO. 90-94 A RESOLUTION APPROVING ENGINEER'S REPORT CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENT DANVILLE STREET LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT 1983-1 WHEREAS, by its Resolution No. 62-94, A Resolution Directing Preparation of Annual Report for the Danville Street Lighting and Landscape Assessment District 1983-1, (the "Districe'), this Council designated BSI, Consultants, Inc., as Engineer and ordered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscape and Lighting Act of 1972; and WHEREAS, said report was duly made and filed with the City Clerk and duly considered by the Danville Town Council, was found to be sufficient in every particular, whereupon it was determined that said report should stand as the Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid resolution, and that August 2, 1994, at 7:30 o'clock p.m. in the regular meeting place of the Council, 201 Front Street, Danville, California, was appointed as the time and place for a hearing by this Council on the question of the levy of the proposed assessment, notice of which hearing was duly and regularly published; and WHEREAS, at the appointed time and place said hearing was duly and regularly held, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said levy were fully heard and considered by this Council, and all oral statements and all written protests or communications were duly heard, considered and overruled, and this Council thereby acquired jurisdiction to order said levy and the confirmation of the diagram and assessment prepared by and made a part of the report of said Engineer to pay the costs and expenses as modified thereof; and WHEREAS, it is necessary, desirable and in the public interest to create a means whereby those benefitted property owners over sixty five years of age can, upon application, receive an exemption from the assessment for Park Maintenance/Zone D authorized and levied hereby; NOW THEREFORE, IT IS FOUND DETERMINED AND ORDERED, that: 1. The property owners owning more than fifty percent (50%) of the area of assessable lands within the District had not, at the conclusion of said hearing, filed written protests against the said proposed levy, as a whole or as to any part thereof, or against the said District or the extent thereof to be assessed for the costs and expenses, as modified, of said levy as a whole, or as to any part thereof, or against the Engineer's estimate of costs and expenses, in whole or in part, or against the maps and description, in whole or in part, maps and description, in whole or in part, or against the diagram of the assessment to pay for the costs and expenses thereof, in whole or in part. 2. The public interest, convenience and necessity require that said levy be made. 3. The District benefitted by said improvement and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof filed in the office of the City Clerk, which map is made a part hereof by reference thereto. 4. Said Engineer's report as a whole and each part thereof, to wit; (a) the Engineer's estimate of the itemized and total costs and expenses of maintaining said improvements and of the incidental expenses in connection therewith; (b) the diagram showing the assessment district, plans and specifications for the improvements to be maintained and the boundaries and dimension of the respective lots and parcels of land within said district; and (c) the assessment of the total amount of the cost and expenses of the proposed maintenance of said improvements upon the several lots and parcels of land in said District in proportion to the estimated benefits to be received by such lots and parcels, respectively, from said maintenance, and of the expenses thereto, are finally approved incidental thereto; 5. Final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, estimate of costs and expenses, as modified by the diagram and the assessment, as contained in said report, as hereinabove determined and ordered, is intended to and shall refer and apply to said report, or any portion thereof, as amended, modified, or revised or corrected by, or pursuant to an in accordance with, any resolution or order, if any, heretofore duly adopted or made by this Council. 6. Said assessment to pay the costs and expenses of the maintenance of said improvements is hereby levied. For further particulars pursuant to the provision of said Landscaping and Lighting Act of 1972, reference is hereby made to said Resolution directing preparation of annual report. PAGE 2 OF RESOLUTION NO. 90-94 7. Based on the oral and documentary evidence, including said Engineer's Report, as modified, offered and received at said hearing, this Council expressly finds and determines (a) that each of said several lots and parcels of land will be specially benefitted by the maintenance of said improvements at least in the amount, if not more than the amount, of the assessment apportioned against said lots and parcels of land, respectively, and (b) that there is substantial evidence to support, and weight of said evidence preponderates in favor of, the aforesaid finding and determination as to special benefits. 8. The public interest, convenience and necessity require the establishment of a mechanism whereby owners of parcels assessed hereunder, which owners are over the age of sixty five years, may obtain, by application submitted prior to December 31 of each year, and exemption from the Park Maintenance/Zone D assessment authorized and levied hereby, on their principle place of residence, and such exemption is hereby established and authorized. It is the desire of the Town Council that such exemption be ongoing and be administered with minimal impact and time commitment. 9. Immediately upon the adoption of this resolution, but in no event later than the third Monday in August following such adoption, the City Clerk shall file a certified copy of the diagram and assessment and a certified copy of this resolution with the Auditor of the County of Contra Costa. Upon such filing, the County auditor shall enter on the County Assessment roll opposite each lot or parcel of land the amount assessment thereupon as shown in the assessment. The assessments shall be collected at the same time and in the same manner as County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. After collection by the County of Contra Costa the net amount of the assessments, after deduction of any compensation due the County for collection, shall be paid to the Finance Director of this Town. 10. Upon receipt of moneys representing assessments collected by the County, the Finance Director of the Town of Danville shall deposit the moneys in the Town Treasury to the credit of an improvement fund, which improvement fund the Finance Director of the Town is hereby directed to establish under the distinctive designation of said District. Moneys in said improvement fund shall be expended only for the maintenance and installation of said improvements. PAGE 3 OF RESOLUTION NO. 90-94 I hereby certify that the foregoing resolution was duly and regularly adopted by the Council of the Town of Danville, at the regular meeting thereof held on the 2nd day of August 1994 by the following vote, to wit: AYES: Ritchey, Greenberg, NOES: Shimansky ABSTAINED: None ABSENT: None Doyle, Waldo APPROVED AS TO FORM: ATTEST: CITY CLERK PAGE 4 OF RESOLUTION NO. 90-94