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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.