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HomeMy WebLinkAboutMINUTES - 04291986 - 2.4 RESOLUTION NO. 86/260 RESOLUTION GRANTING SUPPLEMENTAL JURISDICTION CASTLE ROCK WATER ASSESSMENT DISTRICT CONTRA COSTA WATER DISTRICT The Board of Supervisors of the County of Contra Costa resolves: On September 18, 1984 , by Resolution No. 84-650, this Board granted jurisdiction to the Contra Costa Water District for the formation of the. Castle Rock Water Assessment District. Since the grant of jurisdiction, additional property owners have requested inclusion in the assessment district; the Board of Directors of Contra Costa Water District has adopted an amended map showing the proposed boundaries of the assessment district, and has requested supplemental jurisdiction from this Board of Supervisors to the inclusion of this additional property in the formation of the Castle Rock Water Assessment District. Pursuant to Section 10103 of the Streets and Highways Code (Municipal Improvement Act of 1913) , the Board of Directors of Contra Costa Water District has submitted to this Board a proposed Resolution of Intention to order improvements and levy speci.al assessments within a special assessment district to be known as Castle Rock Water Assessment District, Contra Costa Water District, together with an adopted amended boundary map of the proposed assessment district. A portion of the land to be assessed lies within the territory of this County. This County hereby consents to the inclusion of this additional property; to the formation of the 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; except that the County of Contra Costa specifically withholds consent to the inclusion of that certain parcel designated as County Assessor' s RESOLUTION NO. 86/260 J Parcel No. 139-151-001. This County consents to the assumption of supplemental jurisdiction by the Contra Costa Water District, with the understanding that the Board of Directors of the Contra Costa Water District may hereafter take each and every step required for or suitable for consummation of the work and the levying, collecting and enforcement of the assessments to cover the expenses thereof, and the issuance and enforcement of bonds to represent unpaid assessments. This Board agrees that the Contra Costa Water 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 Clerk of the Board is authorized and directed to deliver a certified copy of this resolution to the Secretary of the Contra Costa Water District. 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 29th day of April , 1986. ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By V cc: Sturgis, Ness, Brunsell & Sperry CC Water District Douglas Flett, Eng. of Work Public Works Director County Counsel 2 RESOLUTION NO. 85-2 RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN CASTLE ROCK WATER ASSESSMENT DISTRICT The Board *of Directors of the Contra Costa Water District. resolves: This Board intends to order the following improvement under the authority of the Municipal Improvement Act of 1913: The construction of a reservoir, pump station and pipelines for the purpose of providing a system of domestic water supply to the land within the assessment district boundary shown on the map entitled, "Proposed Boundaries, Castle Rock Water Assessment District, Contra Costa Water District, County of Contra Costa, State of California, " together with all necessary appurtenances and the acquisition of all necessary 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, Castle Rock Water Assessment District, Contra Costa Water District, County of Contra Costa , State of California. This map has been approved by the Board of Directors and is now on file with the Secretary. The land within the. exterior boundaries shown on the map shall be designated Castle Rock Water Assessment District, Contra Costa Water District, Contra Costa County, California. 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, respectively, 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 California , the County of Contra Costa , DPYEXHIBIT A the City of Walnut Creek and this Water District now in use in the performance of a public function. However , certain property owned by the Contra Costa County Flood Control and Water Conservation District, which has been declared to be surplus to public needs, shall be included. 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 with the written consent of the landowner . Serial .bonds representing unpaid assessments, and bearing interest at a rate not to exceed the maximum rate permitted by law as of the date of sale of the bonds, will be issued in the manner provided by the Improvement Bond Act of 1915 (Division 10 , Streets and Highways Code) , and the last installment of the bonds shall mature not to exceed twenty-four (24) years from the second day of July next succeeding ten (10) months from their date. The procedure for the collection of assessments and advance retirement of bonds under the Improvement Bond Act of 1915 shall be as provided in Part 11. 1, Division 10 , of the Streets and Highways Code of the State of California. This Board finds that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (commencing with Section 2800 , Streets and Highways Code) does not apply to these proceedings. 2 This Board appoints D. B. Flett & Associates , Inc. , as Engineer of Work 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 20485 of the Public Contract Code. . The amount of any surplus remaining in the improvement fund after completion of the improvement and payment of all claims shall be transferred to the general fund if the surplus 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. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Board of Directors of the Contra Costa Water District at a regular meeting thereof held on the 2nd day of January, 1985. AYES: Freitas, Butler, Randall, Boatmun, Pellegrini NOES: None ABSENT: None IN WITNESS WHEREOF, I hereunto set my hand on this 2nd day of January, 1985. JANICE N. HARSKI , Secretary to the Board of Directors, Contra Costa Water District B v /j 3