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HomeMy WebLinkAboutRESOLUTIONS - 08042003 - 70-309 RESOLUTION OF INTENTION NO. 70/"309 IN THE MATTER OF THE CONSTRUCTION OF IMPROVEMENTS IN ASSESSMENT DISTRICT NO. 1970 -I , TRACT 3780 , ALAMO AREA, COUNTY OF CONTRA COSTA, CALIFORNIA BE IT RESOLVED by the Board of Supervisors of the County of Contra Costa, California, that it is the intention of said Board to order the following improvements to be made in Assessment District No. 1970-1 , Tract 3780 , Alamo Area, County of Contra Costa, Cali- fornia, to wit . The construction of streets , curbs and gutters , storm drainage , sanitary sewers and a system of domestic water supply and all other appurtenances -necessary for a complete scheme of public improve- ments in Tract 3780. BE IT RESOLVED that said improvements to be constructed the _streets , avenues , lanes , courts , roads , places and/or public ways hereinabove described, will be of dimensions , materials , and in the particular locations , as set forth and shown on the plans and specifications and detailed drawings hereinafter referred t4 , together with the construction of all appurtenances thereto , includ- __ Ing--necessary .fittings , -trenchings , grading and regrading,.__excava- tion and fill , removal of obstructions , connections to existing services, back filling , reconstruction of existing ground surface as required to conditions existing prior to commencement of construc- tion, all in the manner, of the materials , and to the dimensions and to the grades , and in the particular locations as the same will be more fully shown on the plans and specifications and detailed drawings hereinafter referred to ; RESOLUTION NO. 70,/309 nr < 1 ............................................................ That the structures and work and improvements herein described shall be constructed to the grades , sub-grades and eleva- tions severally to be shown upon the plans and profiles and detailed drawings thereof in the respective locations thereof, which said grades are hereby adopted as the official grades therefor for all purposes in connection with the proceedings pursuant to this Reso- lution of Intention. Notice is hereby given that said grades may be new and different from those heretofore established or existing , or may be different from existing ground levels . All of said work shall include , without duplication , any and all street intersections , terminations and opposite termina- --tions occurring within the limitations of said work. The attention of all persons is directed to the fact that not all of said classes of work above described may be constructed upon all the streets and/or public ways above described in their entirety, but only upon the particular locations as shown on the and specifications hereafter referred to , which said plans and specifications shall govern as to all details with relation to the same . BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Contra Costa hereby makes the expenses and costs of said improvements chargeable upon a district , which said district said Board hereby declares the district benefited by the improvements herein described ; said district shall include that territory in the County of Contra Costa , State of California, which is shown on that certain map on file in the office of the County Clerk of 70 /309 -2- ................................ the County of Contra , and which is entitled and described, "Proposed Boundaries of Assessment District No. 1970-1 , Tract 3780 , Alamo Area, County of Contra Costa, California," and which said map indicates 1 by a boundary line the extent of the territory included in the pro- posed district and covers all details as to the extent of the area to be assessed, said map is , by this reference , incorporated herein and made a part hereof. Excepting from the area shown and delineated on said map hereinabove referred to, the area of all public streets , avenues , lanes , roads , drives , courts , places , public parks , and all easements and rights-of-way therein contained belonging to the public , and also all property owned by the County of Contra Costa, the State of 'California , or the United States of America , contained therein , now in use in the performance of a public function. . NOTICE IS HEREBY GIVEN that serial bonds to represent unpaid assessments ; and bearing interest at the rate of seven per cent (70) per annum shall be issued in the manner and form provided in Part 5 , Division 7 of the Streets and Highways Code of the State of California (Improvement Act of 1911) to represent unpaid assess- ments of Fifty Dollars ($50 .00) or over, the last installment of which bonds shall mature fourteen (14) years from the 2nd day of January next succeeding the next September 1st following their date. Said bonds shall be payable to bearer, and may be redeemed as provided in the Improvement Act of 1911 , and there shall be added to the redemption clause in said bonds the fallowing words : ".. . . .together with a premium of five per cent (5¢) of the unmatured principal ." 70 /30 -3- Proceedings for all work shall be taken pursuant to the Municipal: Improvement Act of 1913 , and the bonds hereinabove described shall be issued under the provisions of the Improvement Act of 1911 as heretofore described. BE IT FURTHER RESOLVED that this Board hereby finds that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 does not apply to these proceedings . BE IT FURTHER RESOLVED that in accordance with the pro- visions of Sections 10203 and 10204 of the Streets and Highways Code , being a part of the Municipal Improvement Act of 1913, the matter of the improvements herein referred to is hereby referred to DULIN & MCCLURE, INC. , the firm having charge and control of the improvements described in this resolution. Said firm is hereby directed to make and file with the County Clerk of the County of _.Contra Costa a report in writing containing the following : a. Plans and specifications of the proposed improve- ment if the improvement is not already installed ; b. A general description of the works or appliances __._._ .__already installed and any other. property necessary or convenient for the operation of the improvement , if the works , appliances or property are to be acquired as part of the improvement ; C. An estimate of the cost of the improvement and of the cost of lands , rights-of-way, easements and incidental expenses in connection with the improve- ment . If the legislative body in the resolution of intention ordered that private utility damages be included in the assessment , the report shall contain an estimate of private utility damages ; d. A diagram showing the assessment district and the boundaries and dimensions of the subdivisions of land within the district as they existed at the 70 /309 ;�4- time of the passage of the resolution of intention. Each subdivision , including each separate condomin- ium interest as defined in Section 783 of the Civil Code , shall be given a separate number upon the diagram. e, A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the several subdivisions of land in the district in proportion to the estimated benefits to be received by such subdivisions , respectively, from the improvement . When any portion or percent- age of the cost and expenses of the improvement is ordered to be paid out of the treasury of the municipality , pursuant to Section 10200 , the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of the improvement , and the assessment upon property proposed in the report shall include only the remainder of the estimated cost and expenses . The assessment shall refer to the sub- divisions by their respective numbers as assigned pursuant to subdivision (d) of this section. BE IT FURTHER RESOLVED that if any excess shall be realized from the proceeds of the assessment and/or bonds issued to represent the same, it shall be applied first as a refund to the property owners , to the extent of any cash contribution and any funds remaining thereafter shall be distributed in accordance with Section 10427 of the Streets and Highways Code . BE ITFURTHERRESOLVED that it is the intention of said County of Contra Costa to enter into an agreement with East Bay Municipal Utility District under the terms of which the County of Contra Costa will convey to the East Bay Municipal. Utility District , a system of water distribution facilities in accord- ance with the provisions of Section 10109-10111 , inclusive , of the Streets and Highways Code of the State of California. 70 /309 EE IT FURTHER RESOLVED that it is the intention of said County of Contra Costa to enter into an agreement with Central Contra Costa Sanitary District under the terms of which the County of Contra Costa will convey to the Central Contra Costa Sanitary District , a system of sanitation facilities in accordance with the provisions of Section 10209-10211 , inclusive , of the Streets and Highways Code of the State of California. BE IT FURTHER RESOLVED that the Board of Supervisors hereby finds that the public interest will not be served by allowing the property owners to take the contract for the work and improve- ments provided for in this Resolution of .Intention. I THEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Board of Supervisors of the County of Contra Costa, California, at a regular meeting thereof, held on the 26th day of May, 1970 , by the following vote , to wit : AYES: Supervisors _ J. P. Kenny. A. X. -Dian a, 9. Moriarty,- Z. A. Linscheid, T. J. C.*11. NOES : Supervisors Pone. ABSENT: Supervisors None, Ch a1riman, oa o rvisors (SEA ATTEST: W. T. PAASCH, County Clerk Barbara Kemp Deputy Clerk RESOLUTION No. 70/309 ........................................... ...........................