HomeMy WebLinkAboutRESOLUTIONS - 11291983 - 83-1207 BOARD OF SUPERVISORS
COUNTY OF CONTRA COSTA
STATE OF CALIFORNIA
PLEASANT HILL B.A.R.T. STATION AREA
ASSESSMENT DISTRICT NO. 1983-1
RESOLUTION NO. 83/1207
RESOLUTION OF INTENTION
WHEREAS, the Board of Supervisors for the County
of Contra Costa, State of California, has received a petition
( "Petition" ) signed by the owners of the property described
in said Petition, requesting that the Board of Supervisors
undertake proceedings pursuant to the Municipal Improvement
Act of 1913 and issue bonds under the provisions of the
Improvement Bond Act of 1918 for the public acquisitions and
construction more particularly set forth in said Petition
and to assess the costs of said acquisitions and construction,
together with the incidental expenses thereof, upon the
property described in said Petition, and by said Petition,
waived all proceedings required by the provisions of Divi-
sion 4 (commencing with Section 2800) of the California
Streets and Highways Code (being the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931 ) ;
WHEREAS, the Board of Supervisors of the County of
Contra Costa by its resolution entitled "Resolution Appoint-
ing Engineer" , adopted November 29 , 1983, appointed Nystrom
Engineering as Engineer of Work to do and perform all engineer-
ing work necessary in and for said proceedings, including
description of work to be acquired and constructed, estimate
of costs, diagram of assessment district and assessment; and
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RESOLUTION No,. 83/1207
: WHEREAS, said Engineer of Work has executed a
Certificate Relating to Petition certifying that the Petition
was signed by owners of more than sixty percent (60%) in
area of property in Assessment District No. 1983-1.
WHEREAS, the public interest and convenience require
the acquisition and construction of the improvements;
NOW, THEREFORE, BE IT RESOLVED BY THE Board of
Supervisors of the County of Contra Costa, State of
California, as follows:
I . The Board of Supervisors hereby finds and
determines that said petition has been signed by the fee
owners of more than 60% in area of the property subject to
assessment for the proposed acquisitions and construction,
and hereby grants said petition and hereby determines that
the situation described in clause (3 ) of Section 2804 of the
Streets and Highways Code exists and that said Majority
Protest Act of 1931 shall not apply to the proceedings here-
inafter provided for.
2. It is the intention of the Board of Super-
visors to order the acquisitions and construction set forth
in Exhibit "A" attached hereto to be made in the County of
Contra Costa in an Assessment District designated Assessment
District No. 1983-1, all pursuant to the Municipal Improve-
ment Act of 1913.
3 . The public interest and convenience require
said acquisitions and construction of the improvements.
4. Assessment District No. 1983-1 is the Dis-
trict to benefit by said acquisitions and construction. The
expense of such acquisitions and construction is hereby made
chargeable upon said District; provided that all public
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405.
streets, alleys, easements and ways and all publicly owned
property in Assessment District No. 1983-1 in use in the
performance of a public function shall be omitted from said
assessment hereafter to be made to pay the cost and expenses
of said acquisitions and construction.
5. The exterior boundaries of Assessment Dis-
trict No. 1983-1 are hereby specified and described to be as
shown on that certain map now on file in the office of the
Clerk of the County of Contra Costa entitled "Proposed
Boundaries, Assessment District No. 1983-1, County of Contra
Costa, California. "
6. The Clerk is hereby directed: (1 ) to endorse
his certificate evidencing the date and adoption of this
Resolution of Intention on the original and copy of the map
of Assessment District No. 1983-1; (2 ) to file the original
of such map in his office; and (3 ) within fifteen (15) days
after the adoption of the Resolution Fixing the Time and
Place of Hearing on the Formation of Extent of the Assessment
District and in no event later than fifteen (15) days prior
to such hearing, to file a copy of such map so endorsed in
the records of the County Recorder, County of Contra Costa,
State of California.
7 . Notice is hereby given that serial bonds (the
"Bonds" ) to represent unpaid assessments, and bear interest
at the rate of not to exceed twelve percent (12%) per annum,
will be issued hereunder in the manner provided by Division 10
of the Streets and Highways Code, the Improvement Bond Act
of 1915, and the last installment of such bonds shall mature
in not to exceed thirty-nine (39) years from the second day
of July next succeeding ten (10) months from their date.
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8. Pursuant to Section 8650.1 of the California
Streets and Highways Code, the Board of Supervisors may, but
shall not be required to, determine to issue the Bonds so
that the principal amount of the Bonds maturing each year
shall be other than an amount equal to an even annual propor-
tion of the aggregate principal amount of the Bonds.
9. Pursuant to Part 16 of Division 10 of said
Streets and Highways Code, the Board of Supervisors intends
to include in said proceedings an amount to create a special
reserve fund to provide for the purchase of tax delinquent
property by the County and for other advances contemplated
to be made by the County under Part 13 of Division 10 of the
Streets and Highways Code.
10. It is the intention of the Board of Super-
visors that alternate procedure for collecting assessments
and advance retirement of bonds as set forth in Part 11.1,
Division 10 of the California Streets and Highways Code shall
apply to the Bonds .
11 . It is the intention of the Board of Super-
visors to covenant that,. upon default of any assessment pay-
ment due and upon written demand of any bondholder affected
thereby, it will cause foreclosure proceedings to be brought
within one hundred twenty (120) days of such default, as
authorized by Section 8830 of said Code.
12 . If the assessment herein proposed results in
a surplus in the improvement fund to be created with respect
to the Bonds, after the completion of such surplus shall be
applied as a credit upon the assessment, in accordance with
the provisions of Section 10427(b) of the California Streets
and Highways Code.
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13 . It is the intention of the Board of Supervisors
to enter into on behalf of the County of Contra Costa agree-
ments with the following public agencies and utilities under
the provisions of Chapter 2 (commencing with Section 10100)
of Division 12 of the California Streets and Highways Code:
Sewer - Central Contra Costa Sanitary District
Water - Contra Costa Water District
Gas and Electricity - Pacific Gas & Electric Co.
Telephone - Pacific Telephone & Telegraph Co.
Storm Drains - County of Contra Costa
14. Whenever, in the Municipal Improvement Act of
1913 or in the Improvement Bond Act of 1915 a notice, resolu-
tion, order or other matter relative to said proceedings for
said acquisitions and construction in said assessment district
is required to be published, the County Clerk of the County
is hereby ordered to publish such notice, resolution, or
other matter in the Contra Costa Times, which is hereby
selected by the Board of Supervisors for that purpose.
15 . The Board of Supervisors hereby refers said
proposed acquisitions and construction to Nystrom Engineering
as Engineer of Work, and hereby directs said Engineer to
make and file with the Clerk of the Board of Supervisors a
report in writing containing the matters specified in Sec-
tion 10204 of the California Streets and Highways Code.
PASSED AND ADOPTED this 29th day of November ,
1983, by the following vote:
AYES: Supervisors Powers, Fanden, McPeak, Torlakson and Schroder
NOES: None
ABSENT :None
ABSTAIN: None
1 hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: /%P 3
HER4K-3 5 J.R. OLSSON, COUNTY CLERK
and ex officio Clerk of the Board
By , Deputy
408
14.15)935;6077
NYSTROM ENGINEERING
RICHARD A. NYSTROM
CIVIL ENGINEER • PLANNER
2263 GLADWIN DRIVE. WALNUT CREEK. CA 94596
PLEASANT HILL B.A.R.T. STATION
ASSESSMENT DISTRICT 11983-1
EXHIBIT "A"
"Description of Work"
The construction or acquisition of street, storm drainage, sanitary ,
sewer, water , and utility improvements in Treat Blvd from Interstate
680 to the Walnut Creek Channel; in Oak Road from Jones Road to
Treat Blvd; in Oak Road extension from Treat Blvd to Coggins Road;
in Wayne Court and its westerly extension .from Oak Road extension
to Buskirk Road; in Las Juntas Road from Oak Road extension to
the Southern Pacific Railroad; in Coggins Road from its intersection
with the Southern Pacific Railroad to Las Juntas Road; in the South-
ern Pacific Railroad right-of-way from Coggins Road to Monument
Blvd; Buskirk Road from Treat Blvd to Oak Road extension; in the
intersection of Buskirk Road with Monument Blvd; in the off-ramp
of Interstate 680; in the new Jones Road entrance to the B.A.R.T.
Station from the B.A.R.T. Station to Treat Blvd at the Southern .
Pacific Railroad; in the extension of Jones Road from Oak Road to
Treat Blvd; in the proposed bus lanes in the B.A.R.T. Station,
through the Southern Pacific Railroad right-of-way, to Coggins Lane,
and within easements to be designated.
The improvements shall consist of the following: clearing, grading,
paving, curbs & gutters , sidewalks, trail systems , pedestrian over-
crossing, street monuments , street lights , street name signs , traffic
control signs , striping, traffic signals , storm drainage facilities ,
sanitary sewers and appurtenances , water distribution facilities ,
fire hydrants , and appurtenances , landscaping, the conversion of
electrical and communication facilities from overhead to underground
locations , utitlity conduits , gas mains , the relocation of existing
utility facilities , the acquisition of capacity in existing storm
drainage, sewage disposal, and water facilities , together with the
acquisition of all necessary interests in real property.
RESOLUTION NO. 83/1207
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