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HomeMy WebLinkAboutRESOLUTIONS - 04291986 - 86-246 RESOLUTION NO. $6[246 RESOLUTION GRANTING JURISDICTION LA CASA VIA/BRODIA WAY, LOCAL IMPROVEMENT DISTRICT NO. 56 CENTRAL CONTRA COSTA SANITARY DISTRICT The Board of Supervisors of the County of Contra Costa resolves: Pursuant to Section 10103 of the Streets and Highways Code.. (Municipal Improvement Act of 1913) , the Central Contra Costa Sanitary District has submitted to this County a' proposed Resolution of Intention to order improvementsand levy special assessments within a special assessment district to be known as La Casa Via/Brodia Way, Local Improvement Di.strict. No. 56, Central Contra Costa Sanitary District, together with an adopted 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 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 County 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 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 County 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 Clerk of the Board is authorized and directed to deliver a certified copy of this resolution to the Secretary of the Central Contra Costa Sanitary District Board. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Board of Supervisors of the County of / RESOLUTION N0. 86/246 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 cc: Sturgis, Ness, Brunsell & Sperry DK Associates, Attn: Craig Jensen Central Contra Costa Sanitary District Attn: Joyce McMillan Public Works, Engineering Services County Counsel 2 RESOLUTION NO. 86/246 RESOLUTION NO. \ RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN LA CASA VIA/BRODIA WAY, LOCAL IMPROVEMENT DISTRICT NO. 56 CENTRAL CONTRA COSTA SANITARY DISTRICT, CONTRA COSTA COUNTY, CALIFORNIA The Board of Directors of the Central Contra Costa Sanitary District resolves: This Board intends to order the following improvements: The installation and construction of approximately 3,200 lineal feet of sanitary sewer trunk line, together with appurtenant work and facilities, from the intersection of Arbol Via and La Casa Via easterly to the terminus of Brodia Way, Walnut Creek, California. under the authority of the Municipal Improvement Act of 1913. This Board finds that the land specially benefited by the improvement is shown within the boundaries of the map entitled, "Proposed Boundaries of La Casa Via/Brodia Way, Local Improvement District No. 56, Central Contra Costa Sanitary District, Contra Costa County, California. This map has been approved by the Board of Directors and is now on file with the Secretary of the Board. 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, or this Sanitary District now in use EXHIBITA 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. ecoiomical 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 twelve percent (12%) 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 years (24) from the second day of September next succeeding twelve (12) 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. This Board appoints Jay McCoy, Construction Services Division Manager, Central Contra Costa Sanitary District, as Engineer of Work for this project, and DK Associates as Design and Assessment Engineer, and directs the preparation of the 2 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. s s s 3 PASSED AND ADOPTED THIS day of February, 1986, by the T District Board of the Central Contra Costa Sanitary District by the following vote: AYES: MEMBERS: NOES: MEMBERS: `ABSENT: MEMBERS: Nels E. Carlson, Jr. President of the, Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Joyce E. McMillan Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: James L. Hazard District Counsel 4