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RESOLUTION NO. 128-2005
ESTABLISHING THE T ASSAJARA LANE BENEFIT DISTRICT AND APPROVING
THE MAP AND REIMBURSEMENT AGREEMENT
WHEREAS, the Town of Danville approved Resolution No. 10-2003 approving a Mitigated
Negative Declaration of Environmental Significance and approving Final Development
Plan - Major Subdivision Request SD 8610 that has established development and offsite
improvement requirements to mitigate development impacts in the Tassajara Lane area;
and
WHEREAS, mitigation of the development impacts are satisfied in part by the installation
of offsite improvements in the Tassajara Lane area; and
WHEREAS, Braddock & Logan Group II, L.L.P. (applicant), has submitted an application
and proposed reimbursement agreement for the formation of a benefit district within the
Town of Danville; 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 district area have been notified in
writing; and
WHEREAS, a duly noticed Public Hearing for the formation of the Tassajara Lane Benefit
District has been conducted as required by law; now, therefore, be it
RESOLVED, the Town Council hereby finds that:
1 The improvement for which reimbursement is sought is a public improvement
which will, upon completion, be accepted by the city;
2. The improvement is not located within the boundaries of the proposed
development;
3. 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;
4. The proposed benefit district represents a geographical area of property which will
benefit directly and substantially by the public improvement; and
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 Tassajara Lane Benefit District is hereby formed and the Mayor of the
Town of Danville is hereby authorized to execute the reimbursement agreement, in
substantially the same form as set forth in Attachment B.
APPROVED by the Danville Town Council at a regular meeting on October 18, 2005, by
the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Doyle,
None
None
None
Stepper, Andersen, Arnerich, Shirnansky
APPROVED AS TO FORM:
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CITY ATTORNEY
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CITY CLERK
PAGE 2 OF RESOLUTION NO. 128-2005