Loading...
HomeMy WebLinkAboutRESOLUTIONS - 04121988 - 88-184 i I RESOLUTION NO. 88/184 RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN ASSESSMENT DISTRICT NO. 1986-1, HIDDEN POND ROAD 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 : Construction of Hidden Pond Road, a 28-foot public roadway from Reliez Valley Road at a point approximately five hundred feet southerly of the intersection with Donegal Way to a point approximately 1100 feet westerly thereof, including clearing, grading, paving, curbs and gutters, storm drainage, water mains, fire hydrants, gas mains, underground electric and telephone facilities, sanitary sewers, landscaping, street lights and all necessary appurtenances, together with the acquisition of any needed interests in real property. The road passes through the lands of Henry Muchlinski (APN 365-160-04) and those of Oakmont Memorial Park (APN 365- 170-17) . Road and appurtenances are to be installed under the auspices of the Municipal Improvement Act of 1913 . Bonds are to be issued pursuant to the Improvement Bond Act of 1915. This Board finds that the land specially benefited by the improvement is shown within the boundaries of the map entitled, "Proposed Boundaries of Assessment District No. 1986-1, Hidden Pond Road, County of Contra Costa, State of California. " This map has been approved by the Board and is now on file with the Clerk of the Board. The land within the exterior boundaries shown on the map shall be designated Assessment District No. 1986-1, Hidden Pond Road, 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, and this County now in use in the performance of a public function. RESOLUTION NO. 88/184 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 Pacific Gas and Electric Company, Pacific Bell, East Bay Municipal Utility District, Central Contra Costa Sanitary District and CATV 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. 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 (24) years 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. 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 2 1 (commencing with Section 2800, Streets and Highways Code) does not apply to these proceedings. This Board appoints Peters, Verdugo & Hull , 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 Supervisors of the County of Contra Costa, State of California, at a regular meeting thereof, held on the 12th day of April, 1988 . ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By a cc: Public Works Director County Counsel County Auditor Controller County Treasurer/Tax Collector 3 Engineer of Work Bond Counsel (2)