HomeMy WebLinkAboutReso 107-84 ScarlettCtStormAD 3HHN:3LN:cp 08/30/84 0674N
:ld 09/04/84
RESOLUTION NO. 107-84
A RESOLUTION DETERMINING TO UNDERTAKE PROCEEDINGS
PURSUANT TO SPECIAL ASSESSMENT AND ASSESSHENT BOND
ACTS FOR THE HAKING OF ACQUISITIONS AND IMPROVEMENTS
WITHOUT FURTHER PROCEEDINGS UNDER DIVISION 4 OF THE
STREETS AND HIGHWAYS CODE
SCARLETT COURT STORM DRAIN FACILITIES ASSESSMENT DISTRICT
RESOLVED, by the City Council of the City of Dublin, County of Alameda,
California, that
WHEREAS, a written petition for undertaking proceedings pursuant to
special assessment and assessment bond acts, and to assess the cost thereof
upon the properties benefited, and waiving proceedings under Division 4 of the
Streets a~d Highways Code, signed by the owners of more than 60% in area of
the properties proposed to be assessed, has been filed with the City Clerk for
the making of the acquisitions and improvements described on Exhibit "A"
attached hereto and made a part hereof;
WHEREAS, the costs and expenses of said acquisitions and improvements
are to be chargeable upon an assessment district, the exterior boundaries of
which are the coterminous exterior boundaries of the composite ~nd
consolidated area shown on the map thereof on fi~e in the office of said
Clerk, to which reference is hereby made for further particulars;
WHEREAS, said proceedings are in who~e or in part for the financing and
improvement of streets and easements initiated under a contract entered into
or proposed to be entered into between a subdivider and t~e City of Dublin
pursuant to Section/'66462 of the Government Code, and the evidence and
certificate required to be submitted and furnished by Sections 2804.1 and
2804.2 of the Streets and Highways Code have been submitted a~d furnished;
NHEREAS, the public interest and convenience will be served by the
taking of said proceedings;
NON, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED as follows:
1. That all of the owners of more than 60% in area of the property
subject to assessment for said acquisitions and improvements who appear to be
such on the Assessor's roll on the day that said petition was filed, or, in
the case of transfers of land or parts thereof subsequent to the date upon
which the last Assessor's roll was prepared, appear to be such on the records
in the County Assessor's office which the County Assessor will use to prepare
the next ensuing Assessor's roll, have signed and filed with said Clerk a
written petition for said acquisitions and improvements and a written waiver
of investigation proceedings under Division 4 of the Streets and Highways
Code.
2. That the total estimated amount of the proposed assessment for the
portion of said acquisitions and improvements which are improvements of
streets and easements initiated under said contract pursuant to Section 66462
of the Government Code will not exceed 75% of the estimated fair market value
of the land proposed to be assessed therefor after the proposed public
improvements have been constructed, and that there has been strict compliance
with the requirements of Sections 2804.1 and 2804.2 of the Streets and
Highways Code.
3. That the provisions of Division 4 of the Streets and Highways Code,
other than those which relate to the foregoing findings, determinations and
orders, shall not app.qy to the making of said acquisitions and improvements,
and proceedings therefor shall be had pursuant to the Municipal Improvement
Act of 1913 and bonds shall be issued pursuant to the Improvement Bond Act of
1915, without further proceedings under said Division 4.
I hereby certify that the foregoing resolution was duly and regularly
adopted by the Council of the Ci.tY of Dublin, at a regular meeting thereof
held on the ?OdJz day of Sepiembe~z , 1984, by the following vote, to wit:
AYES: Councilmembers
NOES' Councilmembers None
ABSENT: Councilmembers
ATTEST'
-- C ty
1143S
EXHIBIT A
The construction of storm drain facilities along the east property line
of the combined properties and across the Scarlett Court frontage from the
easterly property line to the box culvert in the middle of the Scarlett Court
frontage which carries storm waters across 1-580. These facilities to be in a
combination lined open channel and closed conduit, the exact design of which
to be determined by the Engineer of work and reviewed by the City of Dublin
and Zone 7 Flood Control and Mater Conservation District as sufficient to
carry ultimate design flows (15 year storm).
The acquisition of all lands, easements, facilities and rights, and the
construction of all work auxiliary to any of the above and necessary to
complete the same, including without limitations, utility and private street
relocation, engineering design and survey work and inspection services.