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HomeMy WebLinkAbout071-97RESOLUTION NO. 71-97 CONFIRMING THE DIAGRAM AND ASSESSMENT AND ORDERING THE LEVY OF THE ANNUAL ASSESSMENT FOR DANVILLE STREET LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT NO. 1983-1 WHEREAS, the Danville Street Lighting and Landscape Assessment District No. 1983-1 (the "District") was created in 1983 pursuant to the Landscaping and Lighting of 1972 (the "1972 Act"); and WHEREAS, on February 4, 1997, the Town Council adopted Resolution No. 17-97, designating Berryman & Henigar as District Engineer and directing the Engineer to prepare the 1997/98 annual Engineer's Report for the District; and WHEREAS, on February 18, 1997, the Town Council adopted Resolution No. 25-97, establishing majority protest procedures for the District in order to comply with the provisions of Article XIIID, Section 4 of the California Constitution as well as the 1972 Act; and WHEREAS, on March 18, 1997, the Town Council adopted Resolution No. 42-97, accepting the preliminary engineer's report as submitted by the District Engineer, declaring the Town Council's intent to levy and collect assessments for fiscal year 1997/98, setting June 3, 1997 as the date for the public hearing on the proposed assessment and directing the City Clerk to conduct the majority protest procedures as set forth in Resolution No. 25-97; and WHEREAS, in accordance with the Town's adopted procedures, the City Clerk caused to be mailed a notice, ballot and prepaid return envelope to all property owners of record within the District at least 45 days prior to the date of the public hearing; and WHEREAS, the City Clerk had published in a newspaper of general circulation notice of this hearing as required by law; and WHEREAS, at the time appointed on June 3, 1997, the Town Council did conduct a public hearing at which all interested persons were afforded an opportunity to be heard, to register their protest against the proposed assessment and to return their ballot; and WHEREAS, at the conclusion of the public hearing, the City Clerk tabulated the results of all ballots returned, with each ballot being weighted according to the proportional financial obligation of the affected property, which results were reviewed and certified by the City Clerk and the Town's independent auditor; now, therefore, be it RESOLVED, by the Danville Town Council that: . . . . , . . , Based upon the tabulation of all valid ballots submitted by the end of the public hearing, no majority protest, as defined in Article XIIID, Section 4(e) of the California Constitution, exists against the proposed assessment. The final results of the protest proceedings are attached hereto and incorporated herein as Exhibit 1. The Engineer's Report, preliminarily adopted by the Town Council on March 18, 1997, and as modified to correct errors in individual assessments, is hereby approved and adopted as the final engineer's report for the District for fiscal year 1997/98. The diagram showing the assessment district and the zones thereof and the proposed assessments contained in the Engineer's Report and presented to the property owners of record within the District are hereby confirmed. Pursuant to the authority of the 1972 Act, the assessment to pay the costs and expenses of maintaining the improvements described in the Engineer's Report is hereby levied. Based upon the oral and written evidence presented, including the Engineer's Report, the Town Council finds that there is substantial evidence in the record demonstrating that the properties within the District receive a special benefit over and above the benefit conferred on the public at large and that the amount of the assessment is proportional to the special benefit conferred on the property. The assessments per Equivalent Dwelling Unit ("EDU"), as described in the Engineer's Report, shall be $34.52 for Zone A, $169.28 for Zone B, $42.68 for Zone C and $54.00 for Zone D. The Town shall continue the Senior Rebate program whereby owners of parcels within the District, which owners are over the age of 65 years of age, may obtain, by application submitted prior to December 31 of each year, a rebate of the Zone D/Park Maintenance assessment levied on the owner's principal place of residence. The City Clerk is directed to file a certified copy of the diagram, assessment and this resolution with the Auditor of the County of Contra Costa County immediately after adoption of this resolution, but no later than the third Monday in August. Upon receipt of the diagram and assessment, the County Auditor shall enter on the county assessment roll opposite each lot or parcel of land the amount assessed thereupon, as shown in the assessment. After collection by the county, the net amount of the assessments, after deduction of any compensation due the county for collection, shall be paid to the Town. PAGE 2 OF RESOLUTION NO. 71-97 o Upon receipt of monies representing assessments collected by the County, the Town's Finance Director shall deposit the monies in the Town's Lighting and Landscape fund. That fund shall be used only for maintenance and installation of the improvements described in the Engineer's Report. APPROVED by the Danville Town Council at a Regular Meeting on June 3, 1997 by the following vote: AYES: Doyle, NOES: None ABSTAINED: None ABSENT: Greenberg Waldo_:,. Arnerick., :,Shiman~ky MAYOR APPROVED AS TO FORM: CITY ATTORNEY (::""Y ATTEST: CITY CLERK PAGE 3 OF RESOLUTION NO. 71-97 TOWN OF DANVILLE STREET LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT NO. 1983-1 BALLOT PROTEST PROCEEDINGS CERTIFICATE OF RESULTS Grand Total Yes No Invalid Votes Cast 8,403 6,895 1,196 312 $1,353,937.45 $1,111,459.93 (86.5%) $173,411.44 03.5%) Assessment Amount $69,066.08 I, MARIE SUNSERI, City Clerk of the Town of Danville, State of California, do hereby certify that I did tabulate all ballots received for Town of Danville Street Lighting and Landscape Assessment District 1983-1 proposed assessment for 1997/98. I further certify that no majority protest exists against the proposed assessment. WITNESS my hand and Official Seal of the Town of Danville this 4TM day of June, 1997. TOWN OF DANVILLE MARIE SUNSERI City Clerk EXHIBIT 1 TO RESOLUTION NO. 71-97