HomeMy WebLinkAbout054-03RESOLUTION NO. 54-2003
CONFIRMING THE DIAGRAM AND ASSESSMENT AND ORDERING THE LEVY
OF THE ANNUAL ASSESSMENT FOR DANVILLE STREET LIGHTING AND
LANDSCAPE ASSESSMENT DISTRICT 1983-1
WHEREAS, the Danville Street Lighting and Landscape Assessment District 1983-1 (the
"District") was created in 1983 pursuant to the Landscaping and Lighting Act of 1972
(commencing at Section 22500 of the California Streets and Highways Code), hereafter
referred to as the "Act"; and
WHEREAS, on March 18, 2003, the Town Council adopted Resolution No. 24-2003,
designating Francisco & Associates as District Engineer and directing the preparation of
the Preliminary Engineer's Report for the District; and
WHEREAS, on April 1, 2003, the Town Council adopted Resolution No. 31-2003,
accepting the Preliminary Engineer's Report, declaring the Town Council's intent to
levy and collect assessments for fiscal year 2003/04, setting June 3, 2003 at 9:00 a.m. as
the date and time for the public hearing and directing the City Clerk to conduct
majority protest procedures as required by Article XIIID, Section 4 of the California
Constitution and implementing legislation; and
WHEREAS, in accordance with the law, 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 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, 2003, 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 increase and to return
their ballot; and
WHEREAS, at the conclusion of the public hearing, the District Engineer and City Clerk
tabulated the results of all ballots returned, with each ballot being weighted according
to the proportional increased financial obligation of the affected property, which results
were reviewed and certified by the City Clerk; now, therefore, be it
RESOLVED, by the Danville Town Council that:
1. 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 increased assessment. The
final results of the protest proceedings are attached hereto and incorporated
herein as Exhibit 1.
2. The Engineer's Report, preliminarily adopted by the Town Council on April 1,
2003, 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 2003/04.
3. 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.
4. 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.
5. 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.
6. The assessments per Equivalent Dwelling Unit ("EDU') as described in the
Engineer's Report, shall be $40.20 for Zone A, $179.50 for Zone B, $58.50 for Zone
C and $67.80 for Zone D.
7. The Town shall continue the Senior Rebate program whereby owners of parcels
within the District, which owners are 65 years of age or older, may obtain by
application submitted prior to December 31, 2003, a rebate of $54.00 from the
Zone D/Park Maintenance assessment levied on the owner's principal place of
residence.
8. The District Engineer is directed to file a certified copy of the diagram,
assessment and this resolution with the Auditor of the County of Contra Costa
by 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.
9. 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.
PAGE 2 OF RESOLUTION NO. 54-2003
APPROVED by the Danville Town Council at a regular meeting on June 3, 2003, by the
following vote:
AYES:
NOES: None
ABSENT: None
ABSTAINED:' None
Shimansky, Arnerich, Doyle, Greenberg, Stepper
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
PAGE 3 OF RESOLUTION NO. 54-2003