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Home My WebLink AboutMINUTES - 10061992 - 1.43 r ORDINANCE NO. 92-67 AN ORDINANCE OF THE COUNTY OF CONTRA COSTA f CREATING AND PROVIDING FOR A CONTRIBUTION TO THE PAYMENT OF ASSESSMENTS IN KENSINGTON ROADS IMPROVEMENT ASSESSMENT DISTRICT AD 1991-1 The Board of Supervisors of the County of Contra Costa ordains as follows: Ordinance No. 92-46 of the County of Contra Costa, entitled "An Ordinance of the County of Contra Costa Creating and Providing for a Contribution to the Payment of Assessments in Kensington Roads Improvement Assessment District AD 1991-1", adopted by the Board of Supervisors on July 21, 1992, is hereby amended to read as" follows: "SECTION 1. The Kensington Roads Improvement Assessment District AD 1991-1 (the "District") is hereby established subject to the following terms and conditions. "(a) ROAD IMPROVEMENTS COST: The total estimated cost of the proposed Kensington Roads Improvements ("Improvements") is $5,360,000.00. Of this total estimated cost, the amount to be contributed by the County of Contra Costa shall be fifty-five percent (55%) of the total cost, i.e. , $2,948,000.00 (County's share) , and the amount to be contributed by the owners of parcels of land in Kensington, by special assessment, shall be forty- five percent (45%) of the total cost, i.e. , $2,412,000.00 (Kensington Landowners' share) . "If the actual final cost of the road improvements is less than $5,360,000, then forty-five percent (45%) of the surplus monies shall be returned to the Kensington parcel owners, as a credit against their assessments, and as cash in the case of those parcel owners who elected to prepay their assessments. "SEWER MODIFICATIONS COSTS: The total estimated cost of the proposed sewer modifications is $450,180. The County of Contra Costa will contribute an amount of $16,729 (3.7% of the total estimated cost) which is estimated to be 50% of the cost of sewer lateral replacement. The remaining $433,451 (96.3% of the total estimated cost) shall be contributed by the Kensington parcel owners. "If the actual final cost of the sewer modifications is less than $4501180 then ninety-six percent (96%) of the surplus monies shall be returned to the Kensington parcel owners, as a credit against their assessments, and as cash in the Id �Y �£ I u case of those parcel owners who elected to prepay their assessments. i "(b) ROAD IMPROVEMENTS ASSESSMENTS: Kensington landowners shall be assessed no more than $86.17 per year per parcel of land over a period of nineteen (19) years (or no more than $1,018.09 per parcel if paid in cash before the issuance of improvement bonds)j' for the cost of the road improvements. These amounts shall not be exceeded. SEWER MODIFICATIONS ASSESSMENTS: Kensington Landowners shall be assessed no more than $23.93 per year per parcel of land over a period of nineteen (19) years (or no more than $190.02 per parcel if paid in .cash before the issuance of improvements bondsr) for the costs of the sewer modifications. These amounts shall notbeexceeded. { "(c) SCOPE OF THE PROJECT: The improvement and rehabilitation of the public roadways in the District shall include a combination of the following three construction procedures: "l." Reconstruction of the roadway sub-base, base and pavement as well as portions of the adjacent curb, gutter and sidewalk. . i "2. Placement of a :blanket overlay of new -asphalt pavement over thetexisting pavement. "3.` Placement of a slurry seal over existing pavement. "One of ;the above three construction procedures shall be applied to all public streets in the District in accordance with the treatment set forth in the chart entitled "Kensington Roads Improvement (Project", on file in the office of the County Director of Public works. This chart is not subject to revision unless circumstances warrant the upgrading of a street to amore extensive procedure. In any event, .at least 28% of the public roads in the District shall be reconstructed as set forth in (e- 1) above. t "The quality of all work performed shall meet standards adopted by the Department of Transportation of the State of California. 2 - i r "(d) TIMING OF THE PROJECT: The District Improvements shall be completed within three years after levy of the assessment. {e) WOE SCHEDULE: A work schedule showing the proposed dates of work on each street in the District shall be made available torthe Kensington community at the earliest practicable time k "(f) COORDINATION WITH UTILITIES: The road repair work shall be coordinated with the utility companies or districts to ensure the newly repaired roadways will not be marred by utility trenches shortly after the project is completed. r "(g) POSSIBLE FUTURE FUNDING: If an additional funding source for road rehabilitation should become available to the County during thef19-year course of the District, Kensington's prorated share, based on road mileage (2.1%) shall be expended by the County only on Kensington Road Improvements and may include sidewalk and gutters and shall not become a part of the Kensington preventative maintenance program which the County is guaranteeing. "(h) GUARANTEE: After construction of all roadways is complete; the County of Contra Costa guarantees to continue fully funding a preventative maintenance program in Kensington that will prevent any roads from once again deteriorating to a condition that isnot responsive to preventative maintenance. The post-repair maintenance program will require no further assessments or additional taxes on Kensington parcel owners. COUNTY/COMMUNITY- COORDINATING COMM11JEE: The County shall appoint a contact person from the Public Works Department and two representatives from the community, whose joint responsibility shall be to monitor the progress of the road work and compliance by the County with the provisions of this Ordinance. Public Works shall provide a quarterly status report (with quantities) `' for the first three years and annually thereafter. "SECTION 2. The County of Contra Costa shall make a contribution to the payment of special assessments levied in the Kensington Roads improvement Assessment District AD 1991-1 ("the District") in accordance with this Ordinance and with Section 10205 of the Streets and Highways Code of the State of California (Municipal Improvement Act of 1913) . 3 } s x ",SECT M,3_. The amount to be contributed by the County shall be determined for each special assessment as follows: x "(a) As to each road improvement assessment paid in cash before the issuance of improvement bonds, the County shall contribute $1,244.33 being the difference between the principal assessment amount of $2,452.43 ($2,832.80 less discount for cash payment) and the landowner shareof $1,208,11. "(b) As to each assessment paid in installments after the issuance of improvement bonds, the County shall contribute annually an amount!' equalling the difference between the principal and interest due in that fiscal year and the Kensington parcel owner's contribution. i' "(c) As to each assessment paid in full after the issuance of improvement bonds, the County shall contribute an amount equalling the difference between One Thousand Two Hundred Forty-Four Dollarsand Thirty-Three Cents ($1,244.33) and the sum of annual contributions previously made by the County to that assessment. "SECTION 4. Contributions pursuant to Section 3(a) shall be deposited' by the County Treasurer in the Improvement Fund of the District at such times as may be required for the timely completion of improvements in the District. Contributions pursuant to Section 3(b) shall be deposited in the Redemption Fund of the District on or before September 2 of each year following the fiscal year to which the contribution is allocated. Contributions pursuant to Section 3 (c) shall be deposited in the prepayment subaccaunt of the Redemption Fund and shall be administered in accordance with Section 8767 of the Streets and Highways Code (Improvement Bond Act of 1915) , "SECTION 5. Contributions pursuant to Section 3(b) shall be allocated to each fiscal year during which collections are made from landowners within the District to service debt on the District's improvement bonds, beginning in fiscal year 1993- 94 and ending not4'later than fiscal year 2011-12. Within the limits of time and amount stated herein, the contributions pursuant to Section 2 shall continue so long as the territory of the District remains a part of the unincorporated territory of the County and isthereby accounted in determining the gas tax revenues of the County. 4 fir` {j{T• ,t "SECTION6. Contributions pursuant to Section 3 shall be made first from the County's share of the local one-half cent sales and use tax approved by the voters as Measure C-88. If Measure C-88 funds are insufficient for this purpose, State gasoline tax subvention funds under Section 2105 of the Streets { and Highways Code shall be used for the County contributions. The County shall not be required to pay these contributions from the general fund of the County or from any other fund or revenues. The County contributions shall be replaced by, and shall be reduced by the amount of matching funds, if any, obtained through the State/Local Partnership Program (Proposition 111-90) or other federal or State matching funds. The County contributions shall not constitute an indebtedness or liability within the meaning of Article XVI, Section 18 of the California Constitution; but the payment of these contributions shall be an enforceable obligation of the County to the extent permitted by the Constitution and laws of the State of California. "SECTION Z. This ordinance shall take effect thirty days after its adoption, and within fifteen days after its adoption this ordinance shall be published once in the WEST COUNTY TIMES, a newspaper of general circulation published in the County of Contra Costa, with the names of the members of the Board of Supervisors voting for and against its adoption." INTRODUCED at a regular m et'n of the Board of Supervisors of Co tr CCosta County on Z.?,- , 1992: and PASSED on 1992, by the following vote: AYES: Supervisors Powers, Fanden, Schroder, Torlakson and McPeak NOES: None ABS ENT: None ABSTAIN: None Chairperson, Board of Supervisors ATTEST: October 6, 1992 County of Contra Costa, California PHIL BATCHELOR, Clerk of the Board of Supervisors County of Contra Costa By got" Jd,dGaa.�c- Deputy 5