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RESOLUTION NO. 68-2006
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 (commencing at Section 22500 of the California Streets and Highways Code),
hereafter referred to as the" Act"; and
WHEREAS, on March 21, 2006, the Town Council adopted Resolution No. 34-2006,
designating Francisco & Associates as District Engineer and directing the preparation of
the Preliminary Engineer's Report for the District; and
WHEREAS, on May 2, 2006, the Town Council adopted Resolution No. 48-2006,
accepting the Preliminary Engineer's Report, declaring the Town Council's intent to
levy and collect assessments for fiscal year 2006j07and setting June 7, 2006 at 7:30 p.m.
as the date and time for 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 7, 2006, 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:
1. No majority protest existing, the Engineer's Report, preliminarily adopted by the
Town Council on May 2,2006, and as modified to correct errors that come to the
Town's attention regarding an individual's assessments, is hereby approved and
adopted as the final Engineer's Report for the District for fiscal year 2006 j 07.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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, 2006, a rebate of $54.00 from the
Zone D /Park Maintenance assessment levied on the owner's principal place of
residence.
7. 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.
8. 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 7, 2006, by the
following vote:
AYES: Stepper, Shimansky, Andersen, Arnerich, Doyle
NOES: None
ABSTAIN: None
ABSENT: None
1L~
APPROVED AS TO FORM:
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CITY CLERK
PAGE 2 OF RESOLUTION NO. 68-2006