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HomeMy WebLinkAboutRESOLUTIONS - 09102004 - 71-351 RESOLUTION NO. ` RESOLUTION AND ORDER APPROVING AMENDED ENGINEER'S REPORT, ORDERING THE CONSTRUCTION OF IMPROVEMENTS AND ACQUISITIONS AND CONFIRMING ASSESSMENT, ASSESSMENT DISTRICT NO. 1:974-2, PACHECO DRAINAGE, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA WHEREAS , can the 13th day of October, 1970, the Beard of Supervisors of the County of Contra Costa, State. of California, adapted its Resolution. of Intention in Assessment District No. 1970--2, Pacheco Drainage, County of Contra Costa, State of California, for the construction of improvements and acquisitions in said assess- ment district and referred said proposed improvements and acquisitions to W. J. HARGREAVES , Engineer of Work for said assessment district; and WHEREAS , on the 23rd day of march, 1971, .the said W. J. HARGREAVES , Engineer of Work, filed an Engineer's Report, Assess- ment and Assessment Diagram in accordance with said Resolution, and said Engineer's Report was presented to the Board of Supervisors of the County of Contra Costa for consideration; and WHEREAS, on the 23rd day of March, 1971, the Board of Supervisors of the County of Contra Costa preliminarily adopted said Engineer's Report and fixed Tuesday, the 4th day of May, 1971, at the hour of 10: 30 o'clock A.M. of said day, at the meeting place of the Board of Supervisors of the County of Contra Costa located in the Administration Building, Martinez, California, as the time and place for hearing protests with relation to said proposed improvements and acquisitions; and WHEREAS , pursuant to said Resolution hereinabove mentioned g YK RESOLUTION NO. _.. . a Notice of Improvement was duly published, posted and mailed, giving notice of the time and place of hearing on said Report; and WHEREAS , on the 4th day of May, 1971, said hearing was held and consideration of said matter was continued to the 25th day of May, 1971 ; and WHEREAS , all protests having been overruled; WHEREAS , on the 4th day of May, 1971, the Board of Super- visors of the County of Contra Costa directed the Engineer of Work to file an Amended Engineer's Report; and WHEREAS , on the 4th day of May, 1971, the Engineer of Work filed with the County Clerk of the County of Contra Costa an Amended Engineer"s Report, WHEREAS, on the 4th day of May, 1971, the Board of Supervisors of the County of Contra Costa, State of California, preliminarily adopted an Amended Engineer's Report and fixed Tuesday, the 25th day of May, 1971, at the hour of 14:30 o'clock A.M. of said day, at the meeting place of the Board of Supervisors of the County of Contra Costa located in the Administration Building, Ma.rtinex, California, as the time and place for hearing protests with relation to said proposed assessments reflecting the increased cost of the work; and WHEREAS , an Amended Notice of Improvement was duly published and mailed giving notice of the time and place of hearing on said Amended Report; and WHEREAS , on the 25th day of May, 1971, said hearing was held; and NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Centra Costa, State of California, that this Board -2- does hereby find, determine and order as follows: 1. That the district benefited by said improvements and acquisitions and to be assessed to pay the costs and expenses thereof, is more particularly described in the Resolution of Intention here- inabove referred to and made a part hereof by reference thereto. That all public streets and highways within said assessment dis- trict, the same being in use in the performance of a public func- tion as such, shall be omitted from said district and from the levy and collection of the special assessments to be hereafter levied and collected to cover the costs and expenses of said improvements and acquisitions. 2. That the plans and specifications for the proposed improvements and acquisitions be, and they are hereby, finally adopted and approved as the plans and specifications to which said work shall be done as called for in said Resolution of Intention. 3. That the Amended Estimate of Cost of the itemized and total estimated cost and expenses of the improvements and acquisitions, and of the incidental expenses in connection there- with, which said Amended Estimate of Cost is on file with the County Clerk of the County of Contra Costa be, and it is hereby, finally adopted and approved as the Engineer's total and detailed estimate of the costs and expenses of said improvements and acquisitions. 4. That the public convenience and interest require, and said Board hereby orders the improvements and acquisitions to be made as described in, and in accordance with, said Resolution of Intention and the Amended Engineer's Report on file with the County Clerk of the County of Contra Costa, reference to both of which is hereby made for a more particular description of said 351 ... ......... ......... ......... __ .._.... . ........ ........ .._.._..... improvements and acquisitions and also reference is hereby made to the provisions of the Municipal Improvement Act of 1913, as amended. 5. The Hoard of Supervisors of the County of Contra Costa does hereby levy and apportion upon each and every lot, piece and parcel of land within the boundaries of the assessment district the amount by which each of said lots , pieces or parcels of land is benefited by the improvements and acquisitions. The amount of the assessment which is levied and apportioned upon each and every lot, piece and parcel of land within the boundaries of the assess- ment district is as shown on the assessment attached to and made a part of the Amended Engineer's Report adopted by this Resolution. The Hoard of Supervisors of the County of Centra Costa hereby finds . and determines that each of said lets, pieces or parcels of land within the"boundaries of said district is benefited in the amount and in the proportion of the total cost of the improvements and acquisitions, plus incidental expenses, which each of said lots, pieces or parcels of land has been assessed in said Amended Engi- neer's Report. 6. Collections of assessments shall be made by the County Treasurer of the County of Contra Costa,. 7. In the event any excess shall be realized from the proceeds. of the assessment~ and/car bonds issued to represent same, it shall be applied first as a refund to the County of Contra Costa, State of California, to the extent of any cash contribution and any funds remaining thereafter shall be distributed in accordance with Section 14427 of the Streets and Highways Cade. F -4- 1 __ I HEREBY CERTIFY that the foregoing resolutiorf 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 '25th day of May, 1971, by the following vote, to wit: Supervisors Xewiy, Dias, Moriarty, AYES - Supervisors 8ogges , Lfxischeid, NOES: Supervisors ABSENT: Supervisors . _ ..........._..... ......... ......... ......... ......... ..