HomeMy WebLinkAboutRESOLUTIONS - 07121988 - 88-432 3
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this 'Order on July 12 , 1988 by the following vote:
AYES: Supervisors Powers , Fanden, McPeak, Torl,akson & Schroder
NOES z None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 88/ 432
(West' s =Water Code App.
Ch. 63 , Sec. 12 . 2 and 12 . 3)
Government Code Section 54715
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SUBJECT: Establishment of Drainage Area 1010A and the Adoption
of Benefit Assessments, Project No, 7505-6F8178 .
Danville Area.
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The Board of Supervisors of Contra Costa (County; as the
governing Board of the Contra Costa County Flood Control and
Water Conservation District; RESOLVES THAT: a
On June 7 ; 1988; this Board set a public hearing proposing
to establish Contra Costa County Flood Control and Water
Conservation District Drainage Area 1010A; consisting of that
real property described in Exhibit "A" , attached hereto.
On July 12,, 1988; pursuant to the Board 's resolution of
June 7, 1988, this Board held a hearing on the question of the
establishment of said- drainage area and adoption of benefit
assessments. At the time and place fixed for said hearing before
this Board, all written and oral objections presented concerning
the proposed actions were considered. I
This Board FINDS that any valid written protests filed do
riot represent more than one-half of the assessed valuation of
real property contained in proposed Drainage Areal101OA.
It appears from the affidavits of publication on file with
this Board that all notices re,quired to be given for such a
hearing have been duly and regularly given and , all procedures
have been followed in accordance with Sections 11 �and 12 . 3 of the
Contra Costa County Flood Contro1 _and Water Consetvation District
Act.
This Board has received no resolution or ordinance adopted
by an affected city requesting the exclusion of]f-erritory from
proposed Drainage Area 10i0A. ?!
This Board hereby DETERMINES that it cant be seen with
certainty that there is no possibility that the formation of
Flood Control District Drainage Area 1010A may have a significant
effect on the environment; therefore,, , the projecti is not subject
to the California , Environmental Quality Act pursuant to Section
15061 (b) (3) of Chapter 3 of said Act's guidelines.
This Board hereby FINDS that good cause exists for the
establishment of Drainage Area 1010A and ORDERS that Contra Costa
County Flood Control and Water Conservation District Drainage
Area 1010A is ESTABLISHED, consisting of the' real property
described in Exhibit "A" attached hereto, and that the benefit
assessments as set forth in the Engineer' s Report
attached hereto
as Exhibit ''B" are adopted.
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RESOLUTION NO: 88/ 432
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Page .2 of 3
This Board hereby DIRECTS the Chief Engineer to file with
the County Clerk a Notice of Determination for this, project.
Government Code Sections 54701-54718 (Benefit .�Assessment Act
of 1982) provide for the adoption of annual benefit assessments
for drainage or flood control services, for the esitablishment of
zones or areas of benefit, and for the levy of annual assessments
against real property to which such servicesmay be made
available.
The Chief Engineer has previously filed with; the Clerk of
the Board the written report required by Government Code Section
54716 proposing the adoption of annual assessments for drainage
or flood control services to be levied against thelreal property
described in said report- and the aforementioned; Exhibit "A" .
This Board hereby APPROVES said report, ESTABLISHES an area of
benefit corresponding with the real property described in Exhibit
"A" attached hereto and PROPOSES the adoption 'of the annual
assessments described in the Engineer's Report attached hereto. .
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This Board hereby DIRECTS that the County Clerk (Elections
Clerk) take all steps necessary to conduct the election required
by Government Code Section 54717 . Said election shall be
conducted by mailed ballots pursuant to Elections' Code Section
1340 and shall . be held on the earliest date permitted by law.
Following completion of the election, the County Clerk (Elections
Clerk) shall file with the Clerk of the Board a ; certification
(official canvas) of the votes cast on the proposition.
The annual assessments proposed for adoption by this
Resolution pursuant to Government Code Section 54715 shall take
effect upon approval by the votes required by lawi. The annual
assessments shall be payable as follows:
1.. All new lots shall be assessed in the fiscal year
following the filing of the final map :!creating said
lots;
2 . All existing lots that receive impervious surfaces
shall be assessed in the fiscal year following the
_construction- of impervious surfaces;
3 . The annual maximum assessment to individual lots be
established at 2 times the annual maintenance levy
amount ($38 . 64 per IAU) ;
4 . That a levy equal to twice the annual benefit
assessment amount be levied until a reserve fund equal
to three times the estimated annual maintenance cost
has been created or restored to its recommended amount ;
5. The developer shall reimburse the Flood Control
District for all maintenance costs in excess of the
revenue from levied assessment until such a time as 75
percent of the lots have been improved and these lots
are paying the annual assessment. The annual
assessment shall be increased annually to account for
inflation by using "Engineering News Record"
construction cost index for the San Francisco Bay Area.
1 hereby ca;tity IW this Is a true and correct copy of
an action tahan wnd entsred on thoe minutes of the
Board of Supervisors on the datechcvrrp.
ATTESTED?: __JUL" 1988
PHIL BATCHELOR,Uark of the Board
cf Supervisors and County AdmIn6s7rator
By . Deputy