HomeMy WebLinkAboutReso 135-91 DBX AD 91-1ResoIntRESOLUTION NO. 135 - 91
RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN
DUBLIN BOULEVARD EXTENSION ASSESSMENT DISTRICT 91-1
CITY OF DUBLIN
The City Council of the City of Dublin resolves:
This City Council intends to order the following
improvement under the authority of the Municipal Improvement Act of
1913:
All those proposed public improvements within Tract 4978 and
the proposed Tract 5900. These include curbs, gutters,
sidewalk, pavement, street monuments, drainage, street lights,
street trees, signs, striping, irrigation, and related
miscellaneous improvements on Dougherty Road and Dublin
Boulevard extended.
The construction of the westerly one-half of the road which is
to be on either side of the Chabot Channel. The limits of
these improvements are from the end of the existing cul-de-
sac north to the improvements of Dublin Boulevard extended,
the reconfiguration of the cul-de-sac bulb to a through
street, and changing of the driveway entrance at Scarlett
Court to street curb returns.
The construction of the Extension of Dublin Boulevard from
Dougherty Road to Tract 4978, together with the necessary
right-of-way to construct these public improvements·
The five-foot widening on the east side of Dougherty Road from
Dublin Boulevard extended north to Tract 4978.
The acquisition of right-of-way for the above improvements in
Items 1 and 2.
The miscellaneous costs involved in the engineering, legal
process, and financing.
This City Council finds that the land specially benefited
by the improvement is shown within the boundaries of the map
entitled, "Proposed Boundary of Dublin Boulevard Extension
Assessment District 91-1, City of Dublin, Alameda County,
California." This map has been approved by the City Council and is
now on file with the City Clerk. The land within the exterior
boundaries shown on the map shall be designated Dublin Boulevard
Extension Assessment District 91-1, City of Dublin, Alameda County,
California.
This City Council 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, the
County of Alameda and this City now in use in the performance of a
public function.
Where any disparity occurs in level or size between the
improvement and private property, this City Council 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.
Annual administrative costs of the City shall be charged
against income from investment of the Special Reserve Fund. Annual
administration costs include without limitation the annual charges
of the City's fiscal agent and the cost of calculating arbitrage
rebate, if any. The balance of investmentincome from the Special
Reserve Fund shall be deposited in the Redemption Fund for the
bonds.
This City Council orders that a portion of the cost of
the improvement, to be determined, shall be paid by the City of
Dublin and that the balance of the cost shall be specially
assessed.
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 Actofll915
shall be as provided in Part 11.1, Division 10, of the Streets and
Highways Code of the State of California.
The City Council will not obligate itself to advance
available funds from the City treasury to cure any deficiency which
may occur in the bond redemption fund. A determination not to
obligate itself shall not prevent the City from, in its sole
discretion, so advancing funds.
2
This City Council finds that the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931
(commencing with Section 2800, Streets and Highways Code) does not
apply to these proceedings.
This City Council appoints JOHN H. HEINDEL 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 City Council, 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 distributed in accordance with the provisions of Section
10427 of the Streets and Highways Code.
, ,
PASSED, APPROVED, AND ADOPTED this 23rd day of December, 1991,
by the following vote:
AYES:
NOES:
Councilmembers Burton, Howard, Jeffery, Moffatt and
Mayor Snyder
None
ABSENT: None
ABSTAIN: None
ATTEST: