HomeMy WebLinkAbout012-96RESOLUTION NO. 12-96
APPROVING THE REIMBURSEMENT AGREEMENT
AND CREATION OF THE LAWRENCE ROAD BENEFIT DISTRICT
WHEREAS, the Town of Danville approved the Lawrence/Leema Road Specific Plan that has
established development and offsite improvement requirements to mitigate development impacts
in the Lawrence Road Area; and
WHEREAS, mitigation of the development impacts are satisfied in part by the installation of
offsite improvements in the Lawrence Road Area; and
WHEREAS, Tassajara Investors Inc., (Applicant) has submitted an application and proposed
reimbursement agreement for the formation of a benefit area within the Town of Danville and
Contra Costa County; and
WHEREAS, the application and reimbursement agreement have been found to conform with the
Town Ordinance No 76-85 and Chapter XIV of the Danville Municipal Code; 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 Lawrence Road Benefit
District has been conducted as required by law at the February 6, 1996 Regular Council Meeting;
now, therefore, be it
RESOLVED, the Town Council hereby finds that:
.
The improvement for which reimbursement is sought is a public improvement
which will, upon completion, be accepted by the Town;
.
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;
Page 1 of Resolution No. 12-96
4. The proposed benefit district represents a geographical area of property which will
benefit directly and substantially by the public improvement;
5. The method of determining contribution and the amount of contribution is fair and
reasonable to both the financing party and the benefited property owner 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
FURTHER RESOLVED, that the Mayor be, and hereby is authorized to execute, on behalf of
the Town, the Lawrence Road Benefit District Reimbursement Agreement by and between the
Town and Tassajara Investors, Inc.; and, be it
FURTHER RESOLVED, that those properties located within the Lawrence Road Benefit
District area and shown on Lawrence Road Benefit District Map included in Exhibit 1 are hereby
declared to be "Benefited 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 the Lawrence Road
Benefit District Reimbursement Agreement.
APPROVED by the Danville Town Council at a Regular Meeting on February 20, 1996, by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Greenberg, Shimansky, Arnerich, Doyle, Waldo
None
None
None
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MAYOR
APPROVED AS TO FORM:
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ATTEST:
CITY ATTORNEY
CITY CLERK
Page 2 of Resolution No. 12-96