HomeMy WebLinkAboutMINUTES - 06161992 - 1.16 A A6
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: JUNE 16, 1992
SUBJECT: ACCEPTING THE ASSESSMENT DISTRICT SCREENING COMMITTEE'S
RECOMMENDATION THAT THE BOARD' APPROVE FORMATION OF ASSESSMENT
DISTRICT AD 1992-1 BASED ON THE FOLLOWING CONDITIONS
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
I. Recommended Action:
ACCEPT the Assessment District Screening Committee's recommendation that the Board
approve formation of Assessment District AD 1992-1 based on the following conditions:
A. Formation of the assessment district is subject to the filing and recording of the Oak Gate
Subdivision (7621) final map.
B. The Garrigan Property (Assessor's Parcel No. 220-080-021) be made a part of the Mrack
Road Assessment District.
C. Bonds shall be 1915 non-recourse bonds.
D. Create a three percent (3%) reserve fund.
E. Property/Assessment valuation ratio to be-not less then 3:1.
F. The Tomek property (Assessor's Parcel No. 220-080-024) be required to execute an
agreement to reimburse the assessment district should the property be developed within
ten years from the formation of the assessment district.
Continued on Attachment: X SIGNATURE:
Zi
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
_ RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I/ UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
SE:sj
c:BO16.t6
Orig. Div: Public Works (Admin)
cc: Assessment District
Screening Committee (via PW)
R.Gilchrist, PW Accounting
S. Epperly, PW Administration I hereby certify that this is a true and correct copy Y
Robert Brunsell an action taken and entefed on the minutes of the
P.O. Box 8808 Hoard of Supervisors on the date shown,
Emeryville, CA 94662 ATTESTED: ^� N 1 �► 199/ gm
Nadine Lee PHIL BATCHELOR,Clerk of the Board
Liberty Public financial Advisors of Supervisors and County Administrator
2250 Fairfield Road
9 1
Pleasanton, CA 94556 By ^ _ ceps
Richard Nystrom
Nystrom Engineering
500 Ygnacio Valley Rd., #425
Walnut Creek, CA 94596
f
AD 1992-1
June 16, 1992
Page Two
II. Financial Impact:
None to County.
III. Reasons for Recommendations and Background:
The Oak Gate Subdivision property owners are requesting approval for the formation of an
assessment district to construct public improvements such as roadways, drainage facilities,
sewer and other applicable improvements. The formation of such a district will offer the property
owner the efficiencies of private construction and the cost savings of public financing.
IV. Consequences of Negative Action:
The property owners will not receive the benefits of public financing and the efficiencies of.
private construction.
♦ J'
RESOLUTION NO. 241
RESOLUTION ACCEPTING PETITION
ASSESSMENT DISTRICT NO. 1992-1
MRACK ROAD IMPROVEMENTS CAMINO TASSAJARA AREA
The Board of Supervisors of the County of Contra Costa
resolves:
Certain owners_ of real property have filed with the Clerk of
this body a petition, signed by them, requesting the public
improvements described in the petition, the cost to be specially
assessed against land benefiting from the improvements. The
petition contains an express waiver of statutory proceedings
under the Special Assessment Investigation, Limitation and
Majority Protest Act of 1931, as provided in Section 2804 of the
Streets and Highways Code.
The Board finds that all of the owners of more than sixty
percent (60%) in area of the land subject to assessment for the
proposed improvements have signed the petition. Accordingly, the
Board accepts the petition and directs that special assessment
proceedings .shall be undertaken by the terms of the petition, and
without further compliance with the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931. This
action is final within the meaning of Section 3012 of the Streets
and Highways Code.
RESOLUTION NO. 92/417
J �
s
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 the regular meeting thereof,
held on the 16th day of June, 1992.
ATTEST:
PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
By
RESOLUTION N0, 92/417
Jf ..
RESOLUTION NO. 92/418
RESOLUTION APPROVING BOUNDARY MAP
ASSESSMENT DISTRICT NO. 1992-1
MRACK ROAD IMPROVEMENTS CAMINO TASSAJARA AREA
The Board of Supervisors of the County of Contra Costa
resolves:
A map entitled "Proposed Boundary of Assessment District 'No.
1992-1, Mrack Road Improvements Camino Tassajara Area, Contra
Costa County, California" has been filed with the Clerk of the
Board.
This Board approves the map and adopts the boundaries shown
on the map as describing the extent of the territory included in
a proposed assessment district to be known as Assessment District
No. 1992-1, Mrack Road Improvements Camino Tassajara Area, County
of Contra Costa, California.
This Board finds that the map is in .the form and contains
the matters prescribed by Section 3110 of the California Streets
and Highways Code.
This Board directs the Clerk of the Board to certify the
adoption of this resolution on the face of the map, and to file a
copy of the map with the County Recorder for placement in the
Book of Maps of Assessment and Community Facilities Districts.
ull �II �{{�. 4
11
RESOLUTION NO. 92/418
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 the regular meeting thereof,
held on the 16th day of June, 1992 .
ATTEST:
PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
By
RESOLUTION NO.. 92/418 .
RESOLUTION NO. 92/419
RESOLUTION APPROVING AGREEMENT
FOR LEGAL SERVICES
ASSESSMENT DISTRICT NO. 1992-1
MRACK ROAD IMPROVEMENTS CAMINO .TASSAJARA AREA
The Board of Supervisors of the County of Contra Costa
resolves:
This Board approves that certain agreement between the
COUNTY OF CONTRA COSTA, and STURGIS, NESS, BRUNSELL & SPERRY a
professional corporation, for services of that firm as Special
Bond Counsel for Assessment District No. 1992-1, Mrack Road
Improvements Camino Tassajara Area, County of Contra Costa,
California, dated June 16, 1992 , on file with the Clerk of the
Board of Supervisors.
The Chairman of the Board is authorized to sign the
agreement and the Clerk of the Board is authorized to attest .its
execution.
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 the regular meeting
thereof, held on the 16th day of June, 1992 .
ATTEST:
PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
By
RESOLUTION NO. 92/419
AGREEMENT FOR LEGAL SERVICES
ASSESSMENT DISTRICT NO. 1992-1
MRACK ROAD IMPROVEMENTS CAMINO TASSAJARA AREA
This is an agreement for legal services between the
COUNTY OF CONTRA COSTA, a political subdivision of the State of
California, referred tows Client, and STURGIS, NESS, BRUNSELL &
SPERRY a professional corporation, Attorneys at Law, Emeryville,
California, referred to as Bond Counsel.
1. Client retains Bond Counsel as special counsel to
perform the following legal services relating to Assessment
District No. 1992-1, Mrack Road Improvements Camino Tassajara Area,
County of Contra Costa, California.
(a) Preparation of all forms of resolutions,
notices, affidavits, and other documents
required by -the Municipal Improvement Act of
1913 , including the legal format of the
engineer's report required by Section 10204 .
(b) The preparation of written instructions to
.Client's Clerk and other staff members
concerning the performance of legally required
duties.
(c) Review of documents prepared by Client's
engineering staff or consulting engineers, -
including boundary map, assessment diagram,
assessment roll, and the general provisions of
construction specifications.
(d) Attendance at the public hearing on the
engineer's report (including continuances of
the hearing, if any) .
(e) Attendance at all other public meetings of
Client at which matters relating to the
assessment district are considered, except
routine matters.
(f) Attendance at staff meetings or meetings of
property owners, upon' the request of the
Client, after reasonable notice.
(g) Telephone consultation with staff members and
property owners to answer legal questions about
the assessment proceedings.
(h) Preparation of the notice inviting bids and
construction contract, if required, and review
of contract bonds and insurance documents.
(i) Arrangements for the printing of improvement
bonds to represent unpaid assessments,
including, if required, the printing of a bond
register and assessment installment notices.
(j) The preparation of a record of assessment
installments for the use of the County Auditor,
if required. .
(k) Arrangements for the sale of improvement bonds
either by negotiation or by public bid, at the
option of Client, including a review of
financial disclosure requirements and, if
required, the preparation of the notice
inviting bond bids.
(1) The preparation of bond delivery documents.
(m) The rendition of a legal opinion on the
validity of the improvement bonds and the
proceedings leading to their issuance.
(n) Preparation of a transcript of the legal proceedings
in loose-leaf form for the use of the Client. ,
(o) Preparation of the required reports to the
California Debt Advisory Commission (pursuant
to Section 8855 et seq. of the Government Code)
and to the Internal Revenue Service (pursuant
to Section 149 of the Internal Revenue Code of
1986) .
2 . The services of Bond Counsel under this agreement shall
not include the following:
(a) Legal services in connection with the
acquisition of interests in real property,
either through negotiation or through exercise
of the power of eminent domain.
(b) Legal services- in connection with litigation.
The performance by Bond Counsel of services excluded by this
paragraph, if required by Client, shall be under separate oral or
written agreement.
3. In consideration of the services set forth in
paragraph 1, Client shall pay to Bond Counsel_ the following fee and
costs:
,(a) The legal fee of Bond Counsel shall be a scaled
percentage of the amount assessed as set forth
in the engineer's report as finally approved
under Section 10312 of the Streets and Highways
Code.
(b) , The legal fee .shall be an amount equal to one
percent (1%) of that portion of the amount
assessed not exceeding $10 million, plus
one-half of one percent (1/2%) of that portion
assessed exceeding $10 million, but not
exceeding $20 million, plus one-fourth of one
percent (1/4%) of all amounts assessed
exceeding $20. million. The fee shall be not
less than $10, 000.
(c) In addition to the legal fee specified in paragraph (b)
above, if bonds representing unpaid assessments are
issued in more than one issue, the legal fee shall
include $5, 000 for each issue after the first.
(d) Costs shall be reimbursed to Bond Counsel as
follows:
2
1) Filing and recording fees and publication costs
advanced on behalf of Client
2) The cost of preparing auditor's
record, if required: 7 cents per
assessment for each year of the bond
issue, with a minimum of $30.00.
3) Costs of Federal Express or similar
delivery service.
4) Cost of preparation of notices to
property owners.
The cost of other services for which Bond Counsel
makes arrangements under this agreement (such as
bond printing costs) shall be billed to the Client
and shall be paid by Client directly to the payee.
(e) Payment by Client of the legal fee is
contingent upon the levy of assessments and the
sale and delivery of improvement bonds
representing unpaid assessments in the
assessment district. If for any reason,
assessments are not confirmed and bonds
delivered, Bond Counsel shall be paid no legal
fee.
(f) Both the legal fee and costs are payable upon delivery of
the bonds. If bonds are issued in more than one issue,
the cumulative amount payable after each delivery shall
be calculated under subparagraph (b) by reducing the
amount of the assessment by the par value of bonds
authorized but not issued; the amount payable after each
delivery shall be the cumulative amount payable less
amounts previously paid.
4 . Bond Counsel certifies that it has no interest, either
direct or contingent, in any property or contract arising from or
affected by the assessment district, except as Bond Counsel under
this agreement. Bond Counsel does not represent any owner of
property within the proposed boundaries of this assessment
district, and has not received a fee from any source for services
connected with the project.
DATED: June 16, 1992
CONTRA COSTA COUNTY, a political
subdivision of the State of California
By
4L
Chairman of the Board of Supervisors
ATTEST:
By
Clerk of Oe 16baid of up visors
STURGIS, NESS, BRUNSELL & SPERRY
a professional corporation
By
3
RESOLUTION NO. 92/420
RESOLUTION APPROVING AGREEMENT
.FOR ENGINEERING SERVICES
ASSESSMENT DISTRICT NO. 1992-1
MRACK ROAD IMPROVEMENTS CAMINO TASSAJARA AREA
The Board of Supervisors of the County of Contra Costa
resolves:
This Board approves that certain agreement between the
COUNTY OF CONTRA COSTA and NYSTROM ENGINEERING CORPORATION, for
services as Engineer of Work for Assessment District No. 1992-1,
Mrack Road Improvements Camino Tassajara Area, County of Contra
Costa, California, dated the 16th day of June, 1992, on file with
the Clerk of the Board of Supervisors,.
The Chairman of the Board is authorized to sign the
agreement and the Clerk of the Board is authorized to attest its _
execution.
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 the regular meeting
thereof, held on the 16th day of June, 1992.
ATTEST:
PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
By
RESOLUTION. N0. 92/420 P11151
AGREEMENT FOR ENGINEERING SERVICES
ASSESSMENT DISTRICT NO. 1992-1
MRACK ROAD IMPROVEMENTS CAMINO TASSAJARA AREA
This is an agreement for engineering services between the
COUNTY OF CONTRA COSTA, a political subdivision of the State of
California, referred to as Client, and NYSTROM ENGINEERING
CORPORATION, referred to as Engineer.
1. Client retains Engineer as Engineer of Work for Assessment
District No. 1992-1, Mrack Road Improvements Camino Tassajara Area,
County of Contra Costa, California, to perform the following
services:
(a) Preparation of a map showing the proposed
boundaries of the assessment district, in
accordance with the requirements of Division
4.5 of the Streets and Highways Code.
(b) Preparation of the report required by Section
10204 .of the Streets and Highways Code
(Municipal Improvement Act of 1913) , and
modification of the report if directed by the
legislative body of Client. The report shall
include the following:
(1) A general description of the
improvements to be acquired, if any,
and a legal description of lands,
rights-of-way, easements or other
interests in real property to be
acquired.
(2) An estimate of the cost of the
improvement, including the cost of
acquisitions and all incidental
expenses.
(3) An assessment diagram showing the
parcels of land to be assessed.
(4) A proposed assessment of the total
cost of the improvement on benefited
parcels of land within the assessment
district.
(c) Compilation of a list of the names and
addresses of all owners of land within the
assessment district in accordance with records
of the County Assessor or in accordance with
title reports provided by the Client.
(d) .Posting of notices of improvement on all open
streets within the assessment district at
distances not greater than 300 feet apart.
Copies of the notice of improvement for posting
are to be provided by the Client.
(e) Attendance at meetings of Client's legislative
body, when requested by Client's staff, for the
purpose of presenting and seeking approval of
the documents and reports described in
subparagraphs (a) through (d) .
Pnn IDDV
(f) Attendance at all other public meetings of
Client at which matters relating to the
assessment district are considered, except
routine matters.
(g) Attendance at staff meetings or meetings of
property owners upon the request of the Client,
after reasonable notice.
(h) Telephone consultation with staff members and
property owners to answer engineering questions
about the assessment proceedings.
(i) Preparation of a final cost schedule after
completion of the improvement and payment of
all incidental expenses.
2. The services of Engineer under this agreement shall not
include the following:
(a) Preparation of an environmental assessment to
determine whether the improvement will have a
significant impact on the environment within
the meaning of the California Environmental
Quality Act.
(b) Preparation of an Environmental Impact Report.
(c) Construction staking.
(d) Observation of the work of Client's contractor
and certification to the Client of the
contractor's entitlement to progress payments.
(e) Preparation of change orders as may be required
during the course of construction.
The performance by Engineer of services excluded by this
paragraph, if required by Client, shall be under separate oral or
written agreement.
3. In consideration of the services set forth in Paragraph 1,
Client shall pay to Engineer the following fee and costs:
Bond Increments Standard Fee
First $ 1,000,000.00 1 1/2% (minimum fee $15,000.00)
Amount between $1-3,000,000.00 1% (In addition to amount calculated above)
Amount between $3-5,000,000.00 3/4 of 1% (In addition to amount calculated above)
Amount between $5-7,000,000.00 1/2 of 1% (In addition to amount calculated above)
Amount between $7-9,000,000.00 1/4 of 1% (In-addition to amount calculated above)
Amount between $9-20,000,000.00 1/8 of 1% (In addition to amount calculated above)
Remaining amount over
$20,000,000.00 1/10 of 1% (In addition to amount calculated above)
In no event, however, will the compensation of Engineer exceed
the amount set forth by Engineer for that purpose in the Report, or
any. amended Report, prepared under Section 10204 of the Streets and
Highways Code, without specific authorization of the legislative
body.
2
Payment by Client of said compensation is contingent upon the
levy of assessments and the sale and delivery of improvement bonds
representing unpaid assessments in the assessment district. If, for
any reason, assessments are not confirmed and bonds delivered,
Engineer shall be paid no fee. Engineer's compensation is payable
upon delivery of the bonds.
Dated: June 16, 1992
CONTRA COSTA COUNTY, a political
subdivision of the State of California
By Com(
Chairman of the Board of Supervisors
ATTEST:
Clerk of the Bo d of Su rvi ors
V
NYSTROM ENGINEERING CORPORATION
3
RESOLUTION NO. 92/421
RESOLUTION APPROVING AGREEMENT
FOR FINANCIAL ADVISORY SERVICES
ASSESSMENT DISTRICT NO. 1992-1
MRACK ROAD IMPROVEMENTS CAMINO TASSAJARA AREA
The Board of Supervisors of the County of Contra Costa
resolves:
This Board approves that certain agreement between the
COUNTY OF CONTRA COSTA, and LIBERTY PUBLIC FINANCIAL ADVISORS,
for financial consulting services for Assessment District No.
1992-1, Mrack Road Improvements Camino Tassajara Area, County of
Contra Costa, California, dated June 16, 1992, on file with the
Clerk of the Board of Supervisors.
The Chairman of the Board is authorized to sign the
agreement and the Clerk of the Board is authorized to attest its
execution.
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 the regular meeting
thereof, held on the 16th day of June, 1992.
ATTEST:
PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
By
RESOLUTION NO.. 92/421 C s
r
AGREEMENT FOR FINANCIAL ADVISORY SERVICES
ASSESSMENT DISTRICT NO. 1992-1 (MRACK ROAD IMPROVEMENTS)
This is an. agreement for financial advisory services between
the COUNTY OF CONTRA COSTA, a political subdivision of the State of
California, referred to as Client, and LIBERTY PUBLIC FINANCIAL
ADVISORS, Pleasanton, California, referred to as Financial Advisor.
1 . Client retains Financial Advisor as financing consultant
to perform the following consulting services relating to Assessment
District No . 1992-1 (Mrack Road Improvements) , County of. Contra
Costa, State of California .
(a) present the potential ., alternatives in financing ' the
proposed project .
(b) conduct due diligence by reviewing all existing
information regarding outstanding debt, bond covenants,
prior debt repayment, and appropriate ordinances or
resolutions, including the engineering, architectural,
planning, legal and financial information regarding the
project .
(c) assist "in the selection of other financing team members
as requested, including the trustee, printer, and
underwriter.
(d) recommend "a reserve fund, 'capitalized interest, and costs
of .issuance .
- (e) recommend specific terms for the securities including
maturity schedules, call features, refunding protection,
and others .
(f) prepare a set of financing documents and prepare an
official statement for use in the marketing of the bonds .
(g) recommend the timing of' the marketing of the bond issue
based on the conditions in the market .
(h) recommend to the issuer which method of sale should be
chosen to market the bonds .-
(i) in .a competitive sale, prepare and .distribute notice of
sale of bonds and official statement to prospective
bidders.
(j) review bids and recommend which bid from a qualified
bidder produces the lowest net interest costs .
(k) or, in a negotiated sale, recommend an underwriter (s) , and
supervise the underwriter.(s) as bonds are being marketed,
getting information as to actual method of sales .
(1) review recent and comparable marketinterest rates and
recommend whether interest rates and other terms in the
final bond purchase contract are competitive .
(m) and in either type of sale, aid in the closing
preparations and attend the closing.
2 . The services of Financial Advisor under this
agreement shall not include the following:
(a) Underwriting the bond issue .
3 . In consideration of the services set forth in
paragraph 1, Client shall pay to Financial Advisor the following
fees and costs :
(a) The fee of Financial Advisor shall be a fixed fee as set
forth in the engineer' s report as finally approved under
Section 10312 of the Streets and Highways Code .
(b) The fee of Financial Advisor shall be the amount of:
1) $10, 000 . 00 if the assessments are confirmed at
$1 . 00 to 999, 999 . 99, or
2) _ $15, 000 . 00 if the assessments are confirmed at
$1, 000, 000 . 00 to 1, 999, 999 . 99, or
3) $20, 000 . 00 if the assessments are confirmed at
$2, 000, 000 . 00 to 2, 999, 999. 99, or
4) $30, 000 .00 if the assessments are confirmed 'at
$3, 000, 000 . 00 to 3, 999, 999. 99, or
5) $40, 000 . 00 if the assessments are confirmed at
$4, 000, 000 . 00 to . 4, 999, 999 . 99, or
6) $50, 000 .00. if the assessments are confirmed at
$5, 000, 000 . 00 to 5, 999, 999. 99, or
7) $55, 000 . 00 if the assessments are confirmed at
$6, 000,000 . 00 or more.
•
(c) Costs shall be reimbursed to Financial Advisor as
follows :
1) Cost of printing and distribution of the official
statement, notice to bidders, and other official
documents .
2) Costs of Federal Express or similar delivery
service.
The cost of other services for which Financial Advisor makes
arrangements under this agreement (such as Underwriter' s
Discount, Official Statement printing costs) shall be billed
to the Client and shall be paid by Client directly to the
payee .
(d) Payment by Client of the financial advisory fee is
contingent upon the sale of bonds representing unpaid
assessments in the district . If for any reason, bonds
are not sold, Financial Advisor shall be paid n-- fee .
Both the fee and costs are payable upon delivery of the
bonds .
4 . Financial Advisor certifies that it has no interest,
either direct or contingent, in any property or contract arising
from or affected by the assessment district, except as Financial
Advisor under this agreement . Financial Advisor does not represent
any owner of property within the proposed boundaries of this
assessment district, and has not received a fee from any source for
services connected with the project .
DATED . 1992
V
CONTRA COSTA COUNTY, a political
subdivision of the State of California
By
Chairman of the Board of Supervisors
ATTEST:
By
Clerk of 5he A6ard of SMpervisors
LIBERTY PUBLIC FINANCIAL ADVISORS
By
Nad' ne Mc inney ee
By
Charles A. Lee
t i
01
} .
RESOLUTION NO. 92/422
RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN
ASSESSMENT DISTRICT NO. 1992-1
MRACK ROAD IMPROVEMENTS CAMINO TASSAJARA AREA
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 street grading and paving, curbs,
gutters and sidewalks, entrance-way median, sound wall,
landscaping, traffic control and street name signs and
street lights; sanitary sewer mains, laterals, and
appurtenances; storm drain mains, structures and
appurtenances; water main, laterals, fire hydrants, and
appurtenances; utility systems of gas, electric, telephone
and cable TV distribution and appurtenances; the payment of
County and utility company fees; and the acquisition of
right-of-way for the construction of public improvements.
The above-listed improvements are to be located within the
Mrack Road (realigned) right-of-way, between its
intersection with Camino Tassajara and the northerly
terminus of Mrack Road approximately 1000 feet north of
Camino Tassajara; and "off-site" street and storm drainage
improvements to be located within the Camino Tassajara
right-of-way widening, from the existing storm drain
discharge structure located approximately 1000 feet westerly
of the intersection of existing Mrack Road to a point
approximately 700 feet easterly of the intersection of
existing Mrack Road which is the terminus of the existing
pavement widening and curb and gutter for Camino Tassajara.
This Board finds that the land specially benefited by
the improvement is shown within the boundaries of the map
entitled, "Proposed Boundary of Assessment District No.• 1992-1,
Mrack Road Improvements Camino Tassajara Area, Contra Costa
County, 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. 1992-1, Mrack Road
Improvements Camino Tassajara Area, County of Contra Costa,
California.
RESOLUTION NO. 92/422
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 and
the County of Contra Costa 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 with the written
consent of the landowner.
This Board intends to enter into agreements with
Central Contra Costa Sanitary District, East Bay Municipal
Utility District and Pacific Gas & Electric Company under the
provisions of Section 10110 of the Streets and Highways Code,
inasmuch as certain facilities included in the improvement are to
be under their ownership, management and control.
Bonds representing unpaid assessments, and bearing
interest at a rate not to exceed twelve percent (120) per annum,
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 September next succeeding
twelve (12) months from their date.
2
RESOLUTION NO. 92/422
� V
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.
The County will not obligate itself to advance
available funds from the County treasury to cure any deficiency
which may occur in the bond redemption fund. A determination not
to obligate itself shall not prevent the County from, in its sole
discretion, so .advancing funds.
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.
This Board appoints Nystrom Engineering Corporation 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 distributed in accordance with the provisions of
Section 10427 of the Streets and Highways Code.
3
RESOLUTION NO. 92/422
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 the regular meeting thereof,
held on the 16th day of June, 1992.
ATTEST:
PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County. Administrator
By
_ a I
RESOLUTION NO. 92/422
4
,.o
RESOLUTION NO. 92/423
RESOLUTION ACCEPTING REPORT AND
SETTING HEARING OF PROTESTS
' ASSESSMENT DISTRICT NO. 1992-1
MRACK ROAD IMPROVEMENTS CAMINO TASSAJARA AREA
The Board of Supervisors of the County of Contra Costa
resolves:
1. At the direction of this Board, Nystrom Engineering
Corporation, as Engineer of Work for improvement proceedings in
Assessment District No. 1992-1, Mrack Road Improvements Camino
Tassajara Area, County of Contra Costa, California, has filed
with the Clerk of the Board the report described in Section 10204
of the Streets and Highways Code (Municipal Improvement Act of
1913) . This Board accepts the report without modification, for
the purpose of conducting a hearing of protests to the
improvements described in the report.
2 . This Board sets 9: 00 A.M. on July 21, 1992, at the
Chambers of the Board of Supervisors, Administration Building,
651 Pine Street, Martinez, California, as the time and place for
hearing protests to the proposed improvements.
3 . The Clerk of the Board is directed to publish, post and
mail the notices of improvement required by the Municipal
•Improvement Act. of 1913 , and to file an affidavit of compliance.
The notice shall be published in the CONTRA COSTA TIMES.
RESOLUTION N0, 92/423 � � Vim
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 the regular meeting thereof,
held on the 16th day of June, 1992.
ATTEST:
PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
By
RESOLUTION NO. 92/423
�l
J
RESOLUTION NO. 92/424
RESOLUTION CALLING FOR CONSTRUCTION BIDS
ASSESSMENT DISTRICT NO. 1992-1
MRACK ROAD IMPROVEMENTS CAMINO TASSAJARA AREA
The Board of Supervisors of the County of Contra Costa
resolves:
1. This Board has given preliminary approval to the report
of the Engineer of Work for improvements in Assessment. District
No. 1992-1, Mrack Road Improvements Camino Tassajara Area, County
of Contra Costa, California. The report includes plans and
specifications for the construction of improvements described in
the report.
2. The County of Contra Costa will receive sealed proposals
for this construction not later than 2:00 P.M. on August 6, 1992,
in the office of the Public Works Department located at. 255
Glacier Drive, Martinez, California. At that time and place the
sealed proposals will be publicly opened, examined and declared.
3. The County reserves the power in its discretion to reject
all proposals. The award of construction contract, if made,
shall be made to the lowest responsible bidder within the time
fixed in the specifications (or any extension of time agreed to
by the County and the lowest responsible bidder) .
4. The Clerk of the Board is directed to publish a notice
inviting sealed proposals in the CONTRA COSTA TIMES in accordance
with the Local Agency Public Construction Act. The Engineer of
Work is authorized to give additional notice and to distribute
additional information as necessary in the judgment of the
Engineer of Work, to secure competitive bidding.
RESOLUTION NO. 92/424 ORIGINAL
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 regular meeting thereof,
held on the 16th day of June, 1992 .
ATTEST:
PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
By v
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RESOLUTION NO. 92/424