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HomeMy WebLinkAboutReso 066-85 SRRD SP AD EngrRpt RESOLUTION NO. 66-85 A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS CITY OF DUBLIN SAN RAMON ROAD SPECIFIC PLAN IMPROVEMENT ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of Dublin, California that, WHEREAS, on the 27th day of August, 1984, said Council adopted its Resolution of Intention No. 94-84, to acquire and con- struct public improvements in said City and referred the proposed improvements to the Engineer of Work of said City, he being the officer having charge and control of the construction of improve- ments in and for said City of the kind described in said Resolution off'Intention, and being a competent person appointed by said~Council for that purpose; ~and WHEREAS, said CounCil thereby directed said Engineer of. Work to make and file with the City Clerk a report in writing in accordance with and pursuant to the Municipal Improvement Act of 1913; and WHEREAS, said report was duly made and filed with the City Clerk, whereupon said Clerk presented it to the Council for consid- eration; and WHEREAS, said Council thereupon duly considered said re- port and each and every part thereof and found that it contained all the matters and things called for by provisions of said Act, including (1) plans and specifications of the proposed improvement, (2) estimate of costs, (3) diagram of .district, and (4) an assess- ment according to benefits, all of which was done in ~he form and manner required by said Act; and WHEREAS, said Council found that sai'd report and each and every part thereof was sufficient in every particular and deter- mined that it~Sh~h~d~sta~d~.asi~thel reporti~.for~ll:~subs~q~ent~proceed- ings under said Act, appointed Monday, July 8, 1985, at the hour of 7:30 o'clock p.m., of said day in the Dublin Library, 7606 Amador Valley Blvd., Dublin, California, as the time and place for hearing protests in relation to said proposed improvements, and directing the City Clerk to give notice of said hearing as required by said Act; and WHEREAS, it appears that notices of said hearing were duly and regularly posted, mailed and published in the time, form and manner required by said Act, as evidenced by the affidavits on file with the City C~erk, whereupon said hearing was duly and reg- ularly held at the time and place stated in said notice; and WHEREAS, person interested, objecting to said acquisitions and improvements, or to the extent of the assess- ment district, or to the proposed assessment or diagram, or to the maps and descriptionS or to the grades at which said work Will be done, or to the Engineer's estimate of the costs and expenses thereof, filed written protests with the City Clerk at or before the time set for hearing, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said improvements were fully heard and considered by said Council, and said Council has acquired juris- diction to order said improvements and the confirmation of said diagram and assessment to pay the costs and expenses thereof. NOW, THEREFORE, said Council does hereby FIND, DETERMINE and ORDER, as follows; 1. That the owners of one-half (½) of the area to be assessed for the cost of the project did not, at or prior to the time fixed for said hearing file written protests against the pro- posed improvements as a whole, or against the said district or the extent thereof to be assessed for the costs and expenses of said improvements as a whole, or as to the Engineer's estimate of said costs and expenses, or against the diagram and assessment to pay for the costs and expenses thereof. 2. That the district benefited by said improvements and to be assessed to pay the costs and expenses thereof and the exterior boundaries thereof are more particularly described in said Resolutiion of Intention and made a part hereof by reference thereto. That all public streets and highways within said assessment district in use in the performance of a public function as such shall be omitted from said district and from the levy and collection of the special taxes to be hereafter levied and collected to cover the costs and expenses of said improvements. 3. That the plans and specifications for~i~he_p~oposed~im- provements, contained in said report, be, and they are hereby, finally adopted and approved as the plans and specifications to which said work shall be done as called for in said Resolution of Intention. 4. That the Engineer's estimate of the itemized and total costs and expenses of said improvements, and of the incidental ex- penses in connection therewith, contained in said report, be, and it is hereby, finally adopted and approved as the Engineer's total and detailed estimate of the costs and expenses of said improvements. 5. That the public interest and convenience require and said Council does hereby order the improvements to be made as described in and in accordance with said Resolution of Intention on file in the office of the City Clerk, reference to which is hereby made for a more particular description of said improvements, and also for further particulars pursuant to the provisions of said Municipal ImprovementAct of 1913. 6. That the diagram showing the assessment district referred to and described in said Resolution of Intention, an~ also the boundaries and dimensions of the respective subdivisions having been given a separate number upon said diagram, as contained in said report, be, and it is hereby, finally approved and confirmed as the diagram of the properties to be assessed to pay the costs and ex- penses of said improvements. 7. That ~he.assessment.6f .~e:tot~l~mount.6f ~he~coSts and expenses of the proposed improvements upon the several sub- divisions of land in said district in proportion to the estimated benefits to be received by said subdivisions respectively, from said improvements, and of the expenses incidental thereto, contained in said report, be, and the same is hereby, finally approved and confirmed as the assessment to pay the costs and expenses of said improvements. 8. That said Engineer's Report be, and the same is hereby, finally adopted and approved as a whole. 9. That the City Clerk shall forthwith deli~e~.'to~th~ Superintendent of Streets the~ sa£d .assessment, ~toge~h~r-'With S~id diagram thereto attached and made a part thereof, as confirmed by this Council, with his certificate of such confirmation thereto attached and of the date thereof; and that said Superintendent of Streets shall record said diagram and assessment in his office in a suitable book to be kept for that purpose; and append thereto his certificate of the date of such recording, and such recordation shall be and constitute the assessment roll herein. 10. That said Superintendent of Streets, upon the recording of said diagram and assessment, shall mail to each owner of real property within the assessment district at his last known address as the same appears on the tax rolls of the City or on file in the office of the City Clerk, or to both addresses if said address is not the same, or to the general delivery when no address so appears, a state- ment containing a designation by street number or other description of the property assessed sufficient to enable the owner to identify the same, the amount of the assessment, the time and place of payment thereof, the effect of failure to pay within such time, and a state- ment of the fact that bonds will be issued on the unpaid assessment pursuant to the Improvement Bond Act of 1915. 11. That said Superintendent of Streets shall also give notice by publishing a copy of a Notice to Pay Assessments once a week for two weeks in the local newspaper published and circulated in Dublin, that said assessment has been recorded in his office, and that all sums assessed thereon are due and payable immediately, and that payment of said sums is to be made thirty (30) days after the date of recording said assessment, which date shall be stated in said notice, and of the fact that bonds will be issued upon unpaid assessments as above provided. I! hereby~certify that the~foregoing~ res01ution--was duly~+a~d regularly adopted and passed by the City Council of the City of Dublin, California, at a regular meeting thereof held on the 8th day of July , 1985, by the following vote of the member thereof: AYES: Councilmembers Hegarty, Jeffery, Vonheeder and Mayor Snyder. NOES: None ABSENT: C ouncilmember Moffatt. Cltyr-Clerk