HomeMy WebLinkAboutRESOLUTIONS - 01011981 - 1981-375 RESOLUTION NO. 7J_
RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS IN
ASSESSMENT DISTRICT NO. 1980-5 , EL ALAMO IMPROVE-
MENTS - DANVILLE
The Board of Supervisors of the County of Contra
Costa resolves:
This Board intends to order the following improvement
under the authority of the Municipal Improvement Act of 1913:
The construction of El Alamo Road, a 36 foot paved
street within a 60 foot right of way, from its inter-
section with El Pintado to a point approximately 2 ,000
feet northerly thereof, at which point the roadway
tapers into a 32 foot wide paved street within a 52
foot wide right--of-way, including intersection im-
provements at the El Alamo/El Pintado intersection;
a standard 45 foot radii cul-de-sac at the end of the
road; storm drainage facilities for roadway and sub-
division runoff; grading, paving and drainage
conforms, utility relocations , sanitary sewer and water
lines where applicable, and all other required appur-
tenances, together with the acquisition of all neces-
sary 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 Assessment District 1980-5
El Alamo Improvements - Danville, County of Contra Costa, State
of California. " This map has been approved by the Board of
Supervisors and is now on file with the County Clerk. The land
within the exterior boundaries shown on the map shall be
designated Assessment District No. 1980-5, El Alamo Improve-
ments - Danville, Contra Costa County, California.
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fiE$QLuTION NO. X/13 7
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, res-
pectively, 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 Califor-
nia, and this County 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 without
the written consent of the landowner.
This Board intends to enter into agreements with
the following entities pursuant to the provisions of Section
10110 of the Streets and Highways Code, inasmuch as certain
facilities included in the improvement are to be under the
individual entity' s ownership, management and control:
1. pacific Gas and Electric Company;
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2. East Bay Municipal Utility District.
Serial bonds representing unpaid assessments of
One Hundred Fifty Dollars ($150. 00) or more, and bearing
interest at a rate not to exceed the maximum rate permitted
by law at the time of sale of bonds, will be issued in the
manner provided in the Improvement Act of 1911 (Part 5 of
Division 7, Streets and Highways Code) , and the last install-
ment of the bonds shall mature fourteen (14) years from the
second day of January next succeeding the next September lst
following their date. The bonds shall be payable to bearer
and shall include a redemption premium of five percent (5%)
of the unmatured principal.
In case of default, there shall be added to the
defaulted amount two percent (2%) of the amount thereof, and
on the lst day of each month following such default there shall
be added a further penalty of two percent (2%) of such defaulted
amount. The two percent (2%) penalty first imposed shall be
retained by the Treasurer as a cost of servicing the delin-
quency and all subsequent penalties shall be paid to the
holder of the bond along with and as a part of such defaulted
payment.
This Board finds that the Special Assessment
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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 DeBolt Civil Engineering as
Engineer of `Mork 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 10502 . 2 of the Streets and Highways Code.
The amount of any surplus remaining in the improve-
ment fund after completion of the improvement and payment of
all claims shall be transferred to the general fund if the sur-
plus does not exceed the lesser of one thousand dollars
($1000) or five percent (5%) of the total amount expended from
the fund. Otherwise the entire surplus shall be applied as a
credit on the assessment as provided in Section 10427.1 of
the Streets and Highways Code .
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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 7th day of April, 1981.
ATTEST:
JAMES R. OLSSON, Clerk