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HomeMy WebLinkAboutRESOLUTIONS - 01011967 - 67-283 RESOLUTION NO. 67/2-83 RESOLUTION AND ORDER APPROVING SECOND AMENDED .ENGINEER' S REPORT, ORDERING THE: COINSTPUCTION OF I`PRO E`SE NTS AND TIIF ACQUISITION OF CAPACITY AND CONFIR`!ING ASSESSMENT: ASSESS�TFNT DISTRICT 1967-1 , ROUND HILL ESTATES UNIT NO. 3 , COt,,NTY OE' CONTRA COSTA, CALIFORNIA WHEREAS, on the 14th day of February, 1967 , the Board of Supervisors of the County of. Contra Costa , California, adopted its Resolution of Intention in Assessment District No . 196047 , Roundhill Estates 'snit No. 3 , Contra Costa County, California, for the construction of improvements and the acquisition. of capacity in said assessment district, and referred said pro- posed improvements and acquisitions to BRYAN & MURPHY, Engineer of Work for said assessment district ; and WHEREAS, on the loth , day of February, 1967 , the said Engineer of { orK filed an Engineer' s Report , Assessment and Assessment Diagram in accordance with said Resolution, and said Engineer' s Report was presented to the hoard of Supervisors of the County of Contra Costa for consideration; and WHEREAS, on the 14th day of February, 1967 , the Board of Supervisors of the County of Centra. Costa preliminarily adopted said Engineer' s Roport and fixed Tuesday, the 21st day of March, 1967 , at the hour of 11 . 09 O 'clock P.M. of said day, at the meeting place of the Board of Supervisors of the County of Contra Costa., located in the Administrati'ot. Building, �'artinez , California, as the time and place for hearing protests with relation to said proposed im.proverents and acquisitions ; and WHEREAS, on the 21st day of "March , 1967 , said hearing Was continued to the 28th, clay of March , 1967 ) at said time and puce ; and Rll,11"-�'OIUTION NO 7 J w.t� _. WHERE11,S , pursuant to said Resolution hereinabove ren tinned 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 28th day of March, 1967 , said hearing was held and there were no protests against said improvements or acquisitions or said proceedings by any person; WHEREAS, on the 28th day of March , 1967 , the Board of Supervisors of the County of Contra Costa directed the Engineer of Work- to file an Amended Engineer' s Report ; and WHEREAS, on the 28th day of March , 1967 , the Engineer of Work filed with the County Clerk of the County of Contra Costa an Amended Engineer ' s Report , and said Report was approved.; and WHEREAS , on account of a clerical error in said Amended Engineer' s Report, this Board has directed the filing of a Second Amended Engineer ' s Report , and said Second Amended Engineer' s Report was filed on the 11th day of April , 1967 ; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Contra Costa , California, that this Board of Supervisors does hereby find, determine and order as follows . -2- 6 1 . That no one , - at or prior to the tire fixed for said hearing, filed a written protest against said proposed improvements and acquisitions as a, whole , or against saidd district, or the extent thereof to be assessed for the costs and expenses of said improvements and. acquisitions or4as to the Engineer of 114'ork' s estimate of said costs and expenses thereof; that no person appeared at the time fixed for said hearing to mike, nor did any person make , any oral objection or protest against any of the above matters , or the improve- ments and acquisitions ; that no one appeared or protested or made any objection to the Second emended Engineer ' s Report or said improve- ment proceedings at any time . Z . That the district benefited by said improvements and acquisitions andto be assessed to pay the costs and expenses there- of, is more particularly described in. the Resolution of Intention hereinabove referred to and made a part hereof by reference thereto. That all public streets and. highways within said assessment dis-- -3- 67/283 trict , the same bung in use in the perfor=mance of a public function as such , shall he 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 . 3 . That the dans and specifications for the proposed improvements and acquisitions be , and they are hereby, finally adapted and approved as the plans and, specifications to which said work shall be done as called for in said Resolution of Intention, 4 . That the Second Amended Estimate of Gast of the itemized and total estimated costs and expenses of the improvements and acquisitions and of the incidental expenses in connection thereviith , which said Second Amendedistimate 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 . S .. That the public convenience and interest require , and said Board of Supervisors hereby orders , tike improvements and acquisitions to be made as described in, and in accordance with said Resolution of Intention and the Second amended Engine'er' s Report on file with the County Clerk of the County of Contra Costa, California , reference to both. of w hien is hereby made for a more 'particular -4- 7/28 description of said i=mprovements and acquisitions and also refer- ence is :rereby rade to the previsions of the MunicipalImprove- ment Act of 1913, as amended. 6 . The Board of Supervisors of the County of COntra Costa does hereby levy and apportion. € pon 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 i;iprovements and acquisitions . The amount of the assessment which is Levied and apportioned upon each and every .lot, piece and parcel of lanes within the boundaries of the assessment district is as shown on the assessment attached to and made a part of the Second Amended Engineer's Report, adopted by this Reso- lution,. The hoard of Supervisors of the County of Contra. Costa hereby finds and determines that each of said lots , pieces or parcels of lana 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 lets , pieces or parcels of land has been assessed in said .Second A­,-,qended Engine-_r' Report. 7 . In the event any surplus remains in the IMPToverent Fund after the completion of the improvement and the payment of all claims from the Improvement Fund, said surplus shall be trans- ferred to the general fund of the County if it does not exceed the lesser of $1 , 000 . 00 or 5 per cent of the total amount expended from the Improvement Fund;. otherwise said surplus shal1 be applied as a credit upon the assessment in the manner provided in Section 10422 . 1 of the Streets and Highways Code . -5- 67/28 g . Collections of assessments shall be mtade', by the County Treasurer of the County of Contra Costa , California . ' 1 HEREBY CERTIFY that the foregoing Resolution was duly and regularly adopted by the Board of Supervisors of the County of Contra Costa , California , at a regular meeting thereof, held on the 11th day of April , 1957 , by the following Grote , to wit : AYES : Supervisors Kei"M$, Dias !,�or tarty ,o?l_ , � s� >�hLe_d NOES: Supervisors ?gone ABSENT: Supervisors Wi . -T , 1T isunty Clerk, County of Contra Costa California BY t ar ara Kemp Deputy