HomeMy WebLinkAbout082-00RESOLUTION NO. 82-2000
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 Act 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 February 15, 2000, the Town Council adopted Resolution No. 20-2000,
designating Berryman & Henigar as District Engineer and directing the Engineer to prepare the
2000/01 annual Engineer's Report for the District; and
WHEREAS, on April 18, 2000, the Town Council adopted Resolution No. 57-2000, 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 2000/01 and setting June 6, 2000
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 6, 2000, 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 18, 2000, is hereby approved and adopted as the f'mal
Engineer's report for the District for fiscal year 2000/01.
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.
,
,
APPROVED
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
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 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.
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.
by the Danville Town Council at a regular meeting on June 6, 2000 by the
Greenberg, Doyle, Arnerich, Shimansky
None
None
Waldo C-~ e.e¢'t--~"~4
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY ~ ~5;
ATTEST:
PAGE 2 OF RESOLUTION NO. 82-2000