Loading...
HomeMy WebLinkAboutRESOLUTIONS - 08011989 - 89-520 RESOLUTION NO. 89/520 RESOLUTION GRANTING JURISDICTION NORTH GATE WATER ASSESSMENT DISTRICT CONTRA COSTA WATER DISTRICT The Board of Supervisors of the County of Contra Costa resolves: Pursuant to Section 10103 of the Streets and Highways Code (Municipal Improvement Act of 1913) , the Board of Directors of the Contra Costa Water District has submitted to this Board a proposed Resolution of Intention to order improvements and levy special assessments within a special assessment district to be known as North Gate Water Assessment District, Contra Costa Water District, Contra Costa County, California, together with an adopted boundary map of the proposed assessment district. A portion of the land to be assessed lies within the territory of this County. This Board hereby consents to the formation of this assessment district and to the work described in the proposed Resolution of Intention, a copy of which is attached to this resolution as Exhibit A. This Board consents to the assumption of jurisdiction by the Contra Costa Water District, with the understanding that the Board of Directors of the Contra Costa Water District may hereafter take each and every step required for or suitable for consummation of the work and the levying, collecting and enforcement of the assessments to cover the expenses thereof, and the issuance and enforcement of bonds to represent unpaid assessments. ®RUNAL This Board agrees that the Contra Costa Water District shall be the "lead agency" as defined in the California Environmental Quality Act for the purpose of complying with the requirements of that statute. The Clerk of the Board is authorized and directed to deliver a certified copy of this resolution to the Secretary of the Contra Costa Water District. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Board of Supervisors of the County of Contra Costa, State of California, at a regular meeting thereof, held on the 1st day of August 1989 . ATTEST: PHIL BATCHELOR, Clerk of Board of Supervisors and County Administrator 2 "EXHIBIT All RESOLUTION NO. RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN NORTH GATE WATER ASSESSMENT DISTRICT The Board of Directors of the Contra Costa Water District resolves: This Board intends to order the following improvement under the authority of the Municipal Improvement Act of 1913 : The construction of a reservoir, pump station and pipelines for the purpose of providing a system of domestic water supply to the land within the assessment district boundary for the North Gate Water Assessment District, together with all necessary appurtenances and the acquisition of all necessary interests in real property. This Board finds that the land specially benefited by the improvement is shown within the boundaries of the map entitled, "Proposed Boundaries of North Gate Water Assessment District, Contra Costa Water District, Contra Costa County, California. " This map has been approved by the Board of Directors and is now on file with the Secretary. The land within the exterior boundaries shown on the map shall be designated North Gate Water Assessment District, Contra Costa Water District, Contra Costa County, California. This Board intends to levy a special assessment upon the land within the described district in accordance with the special benefit to be received by each parcel of land, respectively, from the improvement. There shall be omitted from special assessment all public streets, alleys and places and all land belonging to the United States, the State of California, the County of Contra Costa, the City of Walnut Creek, . and this District now in use in the performance of a public function. Where any disparity occurs in level or size between the improvement and private property, this Board determines that it is in the public interest and more economical to eliminate the disparity by doing work on the private property instead of . adjusting the work on public property. Accordingly, work may be done on private property for this purpose with the written consent of the landowner. Serial bonds representing unpaid assessments, and bearing interest at a rate not to exceed twelve percent (12%) per annum, will be issued in the manner provided by the Improvement Bond Act of 1915 (Division 10, Streets and Highways Code) , and the last installment of the bonds shall mature not to exceed nineteen (19) years from the second day of September next succeeding twelve (12) months from their date. , The procedure for the collection of assessments and advance retirement of bonds under the Improvement Bond Act of 1915 shall be as provided in Part 11. 1, Division 10, of the Streets and Highways Code of the State of California. The District will not obligate itself to advance available funds from the District treasury to cure any deficiency which may occur in the bond redemption fund. A determination not to obligate itself shall not prevent the District from, in its sole discretion, so advancing funds. 2 This Board finds that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (commencing with Section 2800, Streets and Highways Code) does not apply to these proceedings. This Board appoints D. B. FLETT & ASSOCIATES, INC. , as Engineer of Work for this project, and directs the preparation of the report required by Section 10204 of the Streets and Highways Code. In the opinion of this Board, the public interest will not be served by allowing owners of assessable lands to enter into a contract for the work of improvement as otherwise permitted in Section 20485 of the Public Contract Code. The amount of any surplus remaining in the improvement fund after completion of the improvement and payment of all claims shall be distributed in accordance with the provisions of Section 10427 of the Streets and Highways Code.