HomeMy WebLinkAbout085-98RESOLUTION NO. 85-98
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, the assessments levied by the District were ratified by the property owners of the
District in 1997 as required by the provisions of Proposition 218; and
WHEREAS, on March 3, 1998, the Town Council adopted Resolution No. 39-98, designating
Berryman & Henigar as District Engineer and directing the Engineer to prepare the 1998/99
annual Engineer' s Report for the District; and
WHEREAS, on April 21, 1998, the Town Council adopted Resolution No. 62-98, 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 1998/99 and setting June 3, 1998
as the date for the public hearing on the proposed assessment; 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, 1998, the Town Council did conduct a public
hearing at which all interested persons were afforded an opportunity to be heard and to register
their protest against the proposed assessment; now, therefore, be it
RESOLVED, by the Danville Town Council that:
No majority protest existing, the Engineer' s Report, preliminarily adopted by the
Town Council on April 21, 1998, 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 1998/99.
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 CEDU"), 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 sixty-five 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.
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, 1998 by the
following vote:
AYES: Waldo,
NOES: None
ABSTAINED: None
ABSENT: None
Arnerich, Doyle, Greenberg, Shimansky
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY " ('?';
ATTEST:
CITY CLERK
PAGE 2 OF RESOLUTION NO. 85-98