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Home My WebLink AboutRESOLUTIONS - 01011997 - 1997-172 DRAFT RESOLUTION NO, 97/172 RESOLUTION GRANTING CONSENT TO CONDUCT ASSESSMENT PROCEEDINGS GARY WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 1 (C.A.D. NO. 1) The Board of Supervisors of the County of Contra Costa resolves: The Central Contra Costa Sanitary District has submitted, to this Board of Supervisors, a Resolution of Intention to order improvements and levy contractual assessments within a contractual assessment district to be known as Gary Way Contractual Assessment District No. 1 (C.A.D. No. 1), together with an adopted boundary map of the proposed assessment district. All of the land to be assessed lies within the territory of this County of Contra Costa. This Board of Supervisors hereby consents to the formation of this assessment district and to the work described in the proposed Resolution of Intention, a copy of which is attached to this resolution as Exhibit A. This Board of Supervisors consents to the assumption of jurisdiction by the Central Contra Costa Sanitary District, with the understanding that the Board of Directors of the Central Contra Costa Sanitary District may hereafter take each and every step required for or suitable for consummation of the work and levying, collecting and enforcement of the assessments to cover expenses thereof. This Board of Supervisors agrees that the Central Contra Costa Sanitary District shall be the "lead agency" as defined in the California Environmental Quality Act for the purpose of complying with the requirements of that statute. The County Clerk is authorized and directed to deliver a certified copy of this resolution to the District Secretary of the Central Contra Costa Sanitary District. -" EXHIBIT A RESOLUTION NO. 96-148 RESOLUTION OF INTENTION TO ORDER A DEMONSTRATION PROJECT FOR IMPROVEMENT IN GARY WAY CONTRACTUAL ASSESSMENT DISTRICT (C.A.D. NO. 1) WHEREAS the public health will be best protected by the elimination of failing septic tanks located within the District boundaries; and WHEREAS the construction and installation of a sanitary sewer pipeline, together with appurtenant work and facilities, in areas not presently connected to the sewer system will facilitate the elimination of failing septic tanks; and WHEREAS a demonstration project designed to facilitate said elimination of failing septic tanks is presently being considered, and WHEREAS it would be convenient and advantageous to establish a boundary around an area within which the District and property owners may enter into contractual, assessments and make arrangements to finance public improvements to parcels which are developed and where the costs and time delays involved in creating an assessment district pursuant to alternative provisions in the law would be prohibitively large relative to the cost of the improvement. H:WA'ARESBLCAD.WPD l THEREFORE, the Board of Directors,of the Central Contra Costa Sanitary District -� resolves: 1. This Board intends to order the following improvement under the authority of the Municipal Improvement Act of 1911, to wit: Construction and installation of approximately 800-linear feet of sanitary sewer line, together with appurtenant work and facilities located at Gary Way in Alamo, California. 2. This Board finds that the land specially benefitted by the improvement is shown within the boundaries of the map entitled, "Proposed Boundaries of Gary Way Contractual Assessment District (C.A.D. No. 1)." 3. This Beard 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, respectively, from the improvement. There shall be omitted from special assessment all public streets, alleys, and plpces.and ail . land belonging to the United States, the State of California, the County of Contra Costa, and this District now in use in the performance of a public function. 4. Where any disparity occurs between the improvement and the effect on the improvement on private property, this Board determines that it is in the public interest and more economical to eliminate the disparity by doing work MAJAWESOLCAD.WPD 2 on the private property, instead of adjusting the work on public property. Accordingly, work may be done on private property for this purpose with the written consent of the landowner. 5. This District will finance the improvements from the Sewer Construction Fund. This District will finance unpaid assessments over a maximum period of ten 0 0) years with interest at a rate to be fixed by the District. 6. The procedure for the collection of assessments will be the placement of assestments on property owner's tax bills. The first assessments will be placed on owner's tax bills in fiscal year 1997 - 98. 7. This Board appoints Jay McCoy, Infrastructure Division Manager, as Engineer of Work for this project, and directs the preparation of the report required by Section 5989.22 of the Streets and Highways Code. 8. The amount of any surplus remaining in the improvement fund after completion of the improvement and payment of all claims shall be distributed in accordance with the provisions of Section 10427 of the Streets and Highways Code. 9. A public hearing shall be held on this matter within ninety (90) days of the adoption. of this resolution. Notice of said hearing will be given at least twenty (20) days prior to the hearing. H:UAYXRESOLCAo.WPD 3 PASSED AND ADOPTED this 17th day of October, 1996, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: Boneysteele, Hockett, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton 1(O;e Mario M. Menesini President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: do-'."4ct &-(44j� Jo c4 EU Murphy 10 Sedrdtary, Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Alm, District Counsel L H:UAYIRESOLCAD.WPD 4 6-d THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order on April 8, 1997 by the following Grote: AYES: Supervisors Rogers, Uilkema, Gerber, Canc.fami.11a, DeSaulnier NOES: None ABSENT: None ABSTAIN: None SUBJECT: Adopt resolution granting consent to conduct assessment proceedings, Alamo area. ADOPT attached Board Resolution consenting to the formation of assessment District No. 1 (C.A.D.No. 1)to be known as Gary Way Contractual Assessment District No. 1 (C.A.D. No. 1) by Central Contra Costa Sanitary District. DIRECT the Clerk of the Board to transmit certified copy of this board order to Central Contra Costa Sanitary District. (1r1 �/f'{IIthtt thb b i M and OifPr'MC! �!l icon ta,,y.- nd.. aentered • 71,00 �par0 tlt$u moors on 1.` f vie Lrl tY. Nil CCNEI :,, :troard et Super wail.. ::�....ri:lairaii�r RL:mw p g:\engsvc\bo\bo4-8 Origlnatar. Public works(ES) contact: Rich Liedy(313-2348) cc. X Avalon,Engineering Services B. Farsone,Engineering Services