Loading...
HomeMy WebLinkAboutRESOLUTIONS - 04101973 - 73-250 RESOLUTION OF INTENTION NO. 73/250 IN THE MATTER OF THE CONSTRUCTION OF IMPROVEMENTS AND ACQUISITIONS IN ASSESSMENT DISTRICT NO. 1973-4 (DANVILLE OFF STREET PARKING) COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA BE IT RESOLVED by the Board of Supervisorsrof the County of Contra Costa, California, that it is the intention of said Board to order the following improvements and acquisitions to be made in Assessment District No. 1973-4 (Danville Off Street Parking) County of Contra Costa, State of California, to wit: The extension of Railroad Avenue , Danville , from Prospect Avenue to Linda Mesa, including the construction of curbs , gutters , pavement, side- walks , street lighting and storm drainage facili-- __ ties ; the construction of an off-street vehicular parking facility, including paving, storm drainage , lighting, fencing , landscaping and irrigation, on the real property generally bounded by the Railroad Avenue extension, Linda Mesa, Prospect Avenue and the existing developed. parcels front- ing on Hartz Avenue; the construction of curbs , gutters , and conformed paving on Linda Mesa - and Prospect Avenue as necessary between Hartz Avenue and the property of Southern Pacific Railroad Company and the acquisition of real property and all necessary interests therein for the improvements set forth above. BE IT RESOLVED that said improvements to be constructed in the streets , avenues , lanes , courts , roads , places and/or public ways hereinabove described, will be of dimensions , materials , and in the particular locations , as set forth and shown on the plans and specifications and detailed drawings hereinafter refer- red to ; together with the construction of all appurtenances thereto, including necessary fittings , trenchings , grading and regrading , excavation and fill, removal of obstructions , con- nections to existing services , back filling, reconstruction of existing ground surface as required to conditions existing RESOLUTION NO. 73/250 T,7" 'F� . prior to .commencement of construction, all in the manner, of ' the materials , and to the dimensions and to the grades , and in the particular locations as .the . same will be more fully shown on the plans and specifications and detailed drawings herein- after referred to; That thr, structures and work and improvemdnts herein described shall be constructed to the grades , sub-grades and elevations severally to be shown upon the plans and profiles and detailed drawings thereof in the respective locations thereof, which said grades are hereby adopted as the official grades therefor for all .purposes in connection -with the proceedings pursuant to this Resolution of Intention. Notice is hereby given that said grades may be new and different from those hereto- fore established or existing, or may be different from existing ground levels . All of said work shall include, without duplication, any and all street intersections , terminations and opposite terminations occurring within the limitations of said work. The attention of all persons is directed to the fact that not all of said classes of work above described may be constructed upon all, the streets and/or public ways above described in their entirety, but only upon the particular locations as shown on the plans and specifications hereafter referred to, which said plans and specifications shall govern as to all details with relation to the same . BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Contra Costa hereby makes the expenses and costs of said improvements and acquisitions chargeable upon a district, which said district said Board hereby declares the -2 250 district benefited by the improvements and acquisitions herein described; said district shall include that territory in the County of Contra Costa, State. of California, which is shown on that certain map on file in the office of the County Clerk of the County of Contra Costa, and .which is entitled and described "Proposed Boundaries of Assessment District No. 1973=4 (Danville Off Street Parking) County of Contra Costa, State of California, and which said map indicates by a boundary line the extent of the territory included in the proposed district and covers . all details as to the extent of the area to be assessed; said map is , by this reference, incorporated herein and •made a part hereof. Excepting from the area shown and delineated on said map hereinabove referred to, the area of all public streets , avenues , lanes , roads, drives , courts , places, public parks , and all easements and rights-of-way therein contained belonging to the public, and also all property owned by the County of Contra Costa, the State- of- California, or the. United States of America, contained therein, now in use in the performance of a public function but not excepting property within the boun-. daries of said district owned by the Danville Fire District. NOTICE IS HEREBY GIVEN that serial bonds to represent unpaid assessments , and bearing interest at the rate of not .to exceed seven per cent (7%) per annum, shall be issued herein in the manner provided in Division 10 of the Streets and High- ways Code, the Improvement Bond Act of 1915 , the last install- ment of which shall mature fourteen (14) years from the 2nd day of July next succeeding ten (10) months from their date. 73 / L50 -3- NOTICE IS HEREBY GIVEN that it is the intention of the Board of Supervisors of the County of Contra Costa to make a partial contribution toward the cost of the work to be ordered and the acquisitions to be made. The amount of said contribu- tion is to be determined at a later -date -and said contribution to be made either before or after the levy of assessments for the cost of the project.. Proceedings for all work shall be taken pursuant to the Municipal Improvement Act of 1913, and the bonds herein- above described shall be issued under the provisions of the Improvement Bond Act of 1915 as heretofore described. BE IT FURTHER RESOLVED -that this Board of Supervisors hereby finds that the Special Assessment Investigation, Limita- tion and Majority Protest Act of 1931 does not apply to these proceedings . BE IT FURTHER RESOLVED that in accordance with the provisions of Sections 10203 and 10204 of the Streets and High- ways Code, being a part of the Municipal Improver.-ent Act of 1913, the matter of the improvements and acquisitions herein .referred to is hereby referred to LEPTIEN-CRONIN-COOPER, INC. , the firm having charge and control of the improvements and acquisitions described in this resolution. Said firm is hereby directed to make and file with the County Clerk of the County of Contra Costa a report in writing containing the following; a. Plans and specifications of the proposed improve- ment if the improvement is not already installed; b. A general description of the works or appliances already installed and any other property necessary 73 0 -4- or convenient for the operation. of the improvement, if the works, appliances or property are to be acquired as part of the im- provement; C. An estimate of the cost of the improvement and of the cost of lands, rights-of-way, easements and - .incidental expenses in connection with the improve- ment. If the legislative body in the resolution. of intention ordered that private utility damages be included in the assessment, the report shall. contain an estimate of private utility damages; d. A diagram showing the assessment district and the boundaries and dimensions of the subdivisions of land within the district as they existed at the time of the passage of the resolution of intention. Each subdivision, including each separate condomin- ium interest as defined in Section 783 of the Civil Code , shall be given a separate number upon the diagram. e. A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the several subdivisions of land in the district in proportion to the estimated benefits to be received- by such subdivisions, respectively, from the improvement. When any portion or percent- age of the cost and expenses of the improvement is ordered to be paid out of the treasury of the . municipality, pursuant to Section 10200 , the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of the improvement, and the assessment upon property proposed in the report shall include only the remainder of the estimated cost and expenses . The assessment shall refer to the sub- divisions by their respective numbers as assigned pursuant to subdivision (d) of this section. BE IT FURTHER RESOLVED that if any surplus remains in the Improvement Fund after the completion of the improvements and the payment of all claims from the Improvement Fund, said surplus shall be distributed in accordance with Section 10427 of the Streets and Highways Code . In the event that real property acquired in these proceedings is surplus to the need for said improvements , said surplus property shall be sold by the County of Contra Costa in the same manner as other County property. The 73 / 250 -5- proceeds of said sale or sales shall be deposited in the Improve- ment Fund for this assessment district and shall be distributed as surplus. BE IT FURTHER RESOLVED that it is the intention of t f said County of Contra Costa to enter into an -agreement with Pacific Gas and Electric Company under .the terms of which the County of Contra Costa will convey to the Pacific Gas and Electric Company, a system of electrical facilities in accordance with the provisions of Section 10109-101).1 , inclusive, of the Streets i and Highways Code of the State of California. BE IT FURTHER RESOLVED that -the Board -o-f Supervisors j hereby finds that the public interest will not be served by allowing the property owners to take the contract for the work and improvements provided for in this Resolution of Intention. I HEREBY CERTIFY that the foregoing resolution was duly arid regularly adopted by ,the Board -of -Supervisors of the County of Contra Costa, State of California, at a regular meeting thereof, held on the 10th day of April, 1973, by the following vote, to wit: AYES : Supervisors J. P. Kenny, J . E. Moriarty, W. N. Boggess , E. A. Linscheid, A. M. Dias . NOES : Supervisors None. ABSENT: Supervisors None. xC�tlxax�€aix�cxB�agdx�fx�ffip�x�¢z��r� ATTEST: (SEAL) W. T. PAASCH, 'County Clerk By eputy 73 / 250 -6-