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HomeMy WebLinkAboutRESOLUTIONS - 02071984 - 84-75 BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA STATE OF CALIFORNIA PLEASANT HILL B.A.R.T. STATION AREA ASSESSMENT DISTRICT NO. 1983-1 RESOLUTION CONFIRMING ASSESSMENT AND ORDERING PROPOSED IMPROVEMENTS TO BE ACQUIRED, AND DESIGNATING DIRECTOR OF FINANCE TO COLLECT AND RECEIVE MONEY RES. N0. 84/75 WHEREAS, the Board of Supervisors of the County of Contra Costa, State of California, heretofore by Resolution of Intention No. 83/1207 adopted November 29, 1983, declared its intention to order the improvements to be acquired and constructed as described in said Resolution of Intention, all in an assessment district designated Assessment District No. 1983-1, as shown and designated on that certain map entitled "Proposed Boundaries, Assessment District No. 1983-1, County of Contra Costa, State of California", on file in the office of the Clerk, County of Contra Costa; and WHEREAS, said County in and by said Resolution of Intention, referred all acquisitions and construction with respect to Assessment District No. 1983-1 to Nystrom Engineer- ing as Engineer of Work and directed said Engineer to make and file with the Clerk of said County a report in writing; and WHEREAS, said Engineer duly filed with said Clerk his report in writing including a general description of works, appliances or property to be 'acquired and constructed, an estimate of the costs of the improvements and of land, HER4Q-2 1 283 RESOLUTION P.O. 84/75 rights of way, easements and incidental expenses in connec- tion with said improvements, a diagram showing the improve- ment district and the boundaries and dimensions of the sub- divisions of land within the district as they existed at the time the Resolution of Intention was passed, and a proposed Assessment of the total amount of the costs and expenses of said proposed improvements upon the several subdivisions of land in said assessment district in proportion to the. .esti- mated benefits to be received by such subdivisions respectively, from the improvements, all in accordance with Sections 10203 and 10204 of the California Streets and Highways Code; and WHEREAS, said Board of Supervisors by Resolution entitled "Resolution Preliminarily Adopting, Confirming and Approving Engineer's Report and Appointing Time and Place for Hearing Protests to Proposed Improvements" duly adopted on December 20, 1983, preliminarily approved said Engineer's Report and fixed Tuesday, January 31,1984, at 10:30 a.m. at the meeting room of the Board of Supervisors, County Admini- stration Building, 651 Pine Street, Martinez, California, as the time and place for hearing protests or objections to the proposed acquisitions and construction, the extent of the assessment district and to the proposed assessment, and pro- vided for notice of said hearing; and WHEREAS, the Clerk of said County has filed with said Board of Supervisors an affidavit setting forth the time and manner of the compliance with the requirements of Chapter 4, Division 12 of the California Streets and Highways Code, and the requirements of law otherwise, for publishing, posting and mailing notices of the passage of the said Resolu- tion of Intention and of the time and place for hearing pro- tests or objections to said proposed acquisitions and con- struction; and said Board of Supervisors hereby finds that HER4Q-2 2 284 notice of the passage of said Resolution of Intention and of the time and place for hearing protests or objections to said proposed acquisitions and construction have been pub- lished, posted and mailed in the time, form and manner, required by law; and WHEREAS, said hearing was duly held by said Board of Supervisors at said time and place for the hearing of all objections to said proposed acquisitions and construction; and WHEREAS, protests or objections were not filed with the Clerk at or before the time set for said hearing or made at the hearing with respect to said acquisitions and construction by persons constituting owners of more than one-half the area of land to be assessed, and all protests or objections otherwise so made were overruled; and WHEREAS, this Board of Supervisors has determined to modify the work and assessments as shown in the revised Engineer's Report on file with the Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, as follows: 1. The Board of Supervisors finds and determines that the foregoing recitals are true and correct. 2. The Board of Supervisors hereby confirms the proposed assessment (as changed) and declares that said Report of said Engineer, including the description of acquisitions and construction, estimate of the cost of the improvements and incidental expenses in connection with the said improve- ments, assessments, boundary map and diagram, is hereby finally adopted, accepted, confirmed and approved (as changed) . Said assessment (as changed) and diagram are hereinafter in HER4Q-2 3 285 this Resolution and in these proceedings called the assess- ment and diagram. 3 . The Board of Supervisors hereby orders the work, acquisitions, construction and improvements described in said Resolution of Intention and in said Report to be done and made, except that no acquisitions and construction which are to be owned, managed or controlled by any other public agency or regulated public utility shall be performed or made prior to the entering into an agreement by the County of Contra Costa with the public agency or utility which has, or may have, charge of the works, appliances or improvements, which agreement shall conform with the requirements of Sec- tion 10110 of the California Streets and Highways Code. 4. The County Clerk shall transmit to the Director of Public Works of the County of Contra Costa said diagram and assessment and said Director is hereby directed to record said diagram and assessment in his office in a substantial book kept for that purpose and, in addition, said Clerk is to record forthwith a Notice of Assessment in the Office of the County Recorder, County of Contra Costa, and upon the date of such recordation in the Director's Office, said assessment shall become due and payable, all pursuant to the Municipal Improvement Act of 1913 and the Improvement Act of 1911 and Division 4.5 of the California Streets and Highways Code. HER4Q-2 4 A S 5. The Treasurer of the County of Contra Costa is hereby designated to collect and receive the money paid pursuant to the said assessment. PASSED AND ADOPTED this day of , 1984, by the following vote: AYES: Supervisors Powers, Fanden, Schroder, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN: None t rereay CaCttiy thaj ttlie if i tflieand CG7S2Cf COPY Ot an sctk:n taken and entrveLrJe-dd the /� s/o f the tvsors9 tt �� Board of Su 7 ATTESTED: 7` J.R. OLSSON,COUNTY CLERK and ex offlClo Clerk of the Board . Dep�stfr By J HER4Q-2 5 287