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HomeMy WebLinkAboutReso 132-91 DBX AD91-1 Petition RESOLUTION NO. 132-91 RESOLUTION ACCEPTING PETITION DUBLIN BOULEVARD EXTENSION ASSESSMENT DISTRICT 91-1 CITY OF DUBLIN The City Council of the City of Dublin resolves: Certain owners of real property have filed with the Clerk of this body a petition, signed by them, requesting the public improvements described in the petition, the Cost to be specially assessed against land benefiting from the improvements. The petition contains an express waiver of statutory proceedings under the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, as provided in Section 2804.of the Streets and Highways Code. The City Council finds that all of the owners of more than sixty percent (60%) in area of the land subject to assessment for the proposed improvements have signed the petition. Accordingly, the City Council accepts the petition and directs that special assessment proceedings shall be undertaken by the terms of the petition, and without further compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931. This action is final within the meaning of Section 3012 of the Streets and Highways.Code. PASSED, APPROVED, AND ADOPTED this 23rd day of December, 1991, by the following vote: AYES: NOES: Councilmembers Burton, Jeffery, Howard, Moffatt and Mayor Snyder None ~ ABSENT: None ABSTAIN: None ATTEST: CERTIFICATE RE PETITION DUBLIN BOULEVARD EXTENSION ASSESSMENT DISTRICT 91-1 CITY OF DUBLIN I, the undersigned, certify: I have examined a "Petition for Special Assessment Proceedings" signedby owners of land shown on the map entitled "Proposed Boundary of Dublin Boulevard Extension Assessment District 91-1, City of Dublin, Alameda County, California." I have compared the names on the petition with the names of owners of land as shown on the records of the County Assessor. I find the petition to have been signed by owners of more than sixty percent (60%) in area of the land subject to assessment within the boundaries shown on the above-entitled map. I calculate that the owners of 79 % of the described land have signed the petition. DATED: ~)eC. ~7 , 1991 LEE THOMPSON, City Engineer~~ By ~ ~ ~ PETITION FOR SPECIAL ASSESSMENT PROCEEDINGS TO THE CITY~COUNCIL OF THE CITY OF DUBLIN: 1. We~ the undersigned, are the owners of land shown on the map attached as Exhibit A and made a part of this document. 2. We petition you to undertake special assessment proceedings for the public improvement as described in Exhibit B attached hereto. 3. We understand: (a) THAT the cost of the project will be charged to the l'and which benefits from the project, including our land, except that the City of Dublin is to make a contribution from funds of the City to pay the cost of a certin portion of the improvements; (b) THAT a report will be prepared on the project including plans and specifications, a detailed cost estimate, and a division of the costs among the benefited parcels of land, and that you will conduct a public hearing on thereport; (c) THAT the cost of engineering, legal and other incidental and financing costs will be included in the project cost; (d) THAT each property owner may pay his assessment either in cash without interest or in installments with interest over a period of years. (e) THAT if we sign this petition and do not file a written protest prior to the public hearing, it will be assumed at that time that we still favor the project. (f) THAT if this petition is signed by the owners of at least sixty percent (60%) of the land area proposed to be assessed, the City Council, at the close of the public hearing, may overrule a majority protest by a four-fifths vote of its members. (g) THAT protests to the proceedings will be counted solely upon the land area of the property proposed to be assessed.. 4. The present best estimate of the total cost of the 'project to be financed by the proposed assessment district, including incidental and financing costs. in connection therewith, is $2.9 million. 5. We waive investigation proceedings and all other provisions of Division 4, Streets and Highways Code, as provided in Section 2804 of that code. NAME AND ADDRESS DESCRIPTION' OF PROPERTY q~ll . S~'D - ~o DATE INSTRUCTIONS ON SIGNING PETITION This petition is for the signatures of persons or firms owning property within the proposed district. Only the signatures of owners will be counted. The signaturesof renters or lessees will not be counted under the law. Owners are those.whose names appear in the records of the County Assessor. If you have purchased the property very recently, your name may not yet appear in the County Assessor's records. The petition may be signed by the following persons: 1. If two or more persons own the property as tenants-in-common, any one tenant-in-common may sign for all~ 2. If two or more persons own the property in joint tenancy, any one joint tenant may sign for all. 3. If the property. is held by husband and wife, but not as tenants-in-common or as joint tenants, both must sign the petition. The only exception is where the County Assessor's records show that they own the property as husband and wife (for example, "John Jones and Mary Jones, his wife"); in that case either may sign for both. 4. If the property is owned by a partnership, any general partner may sign. 5. If the property is owned by a corporation, the petition may be signed for the corporation by any officer or officers authorized to make contracts by the corporate by-laws or by resolution of the corporation's Board of Directors. The seal of the corporation should be affixed. Property Description After the signature, please fill in the date of signing and a description of the property owned. The preferred description is the County Assessor's parcel number. This is the number that appears on the property tax bill. ~ Checking the Petition The signatures on the petition will be checked against the records of the County Assessor. Only those owners who appear to be such on the Assessor's records at the time the petition is filed (not the time it is signed) can be counted in calculating the adequacy of the petition. The petition must be signed by owners representing at least sixty percent of the .land area proposed to be assessed. If the petition is signed by an owner of forty percent (40%) or more in land area, and any of the remaining property is used primarily for residential purposes, the owners of fifty percent (50%) in land area of property which is not owned'by the owner of forty percent (40%) or .more in land area must sign the petition if it is to be effective. Notice that the-calculation is based on land area of property owned, not on assessed valuation, amount of proposed assessment or number of owners. 4 EXHIBIT B SCOPE OF WORK THE SCOPE OF WORK INCLUDED WITHIN THE PROPOSED ASSESSMENT DISTRICT INCLUDES: 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. PETITION FOR SPECIAL ASSESSMENT PROCEEDINGS TO THE CITY COUNCIL OF THE CITY OF DUBLIN: 1. We, the undersigned, are the owners of land shown on the map attached as Exhibit A and made a part of this document. 2. We petition.you to undertake special assessment proceedings for the public improvement as described in Exhibit B attached hereto. 3. We understand: (a) THAT the cost of the project will be charged to the land which benefits from the project, including our land, except that the City of Dublin is to make a contribution from funds of the City to pay the cost of a certin portion of the improvements; (b) THAT a report will be prepared on the project including plans and specifications,. a detailed cost estimate, and a division of the costs among the benefited parcels of land, and that you will conduct a public hearing on the report; (c) THAT the cost of engineering, legal' and other incidental and financing costs will be included in the project cost; (d) THAT each property owner may pay his assessment either in cash without interest or in installments with interest over a period of years. (e) THAT if we sign this petition and do not file a written protest prior to the public hearing, it will be assumed at that time that we still favor the project. (f) THAT if this petition is signed by the owners of at least sixty percent (60%) of the land area proposed to be assessed, the City Council, at the close of the public hearing, may overrule a majority protest by a four-fifths vote of its members. (g) THAT protests to the proceedings will be counted solely upon the land area of the property proposed to be>assessed- 4. The present best estimate of the total cost of the project to be financed by the proposed assessment district, including incidental and financing costs in connection therewith, is $2.9 million. 5. We waive investigation proceedings and all other provisions of Division 4, Streets and Highways Code, as provided in'Section 2804 of that code. NAME AND ADDRESS E . DESCRIPTION OF PROPERTY q l-S O- 5q DATE INSTRUCTIONS ON SIGNING PETITION This petition is for the signatures of persons or firms owning property within the proposed district. Only the signatures of owners will be counted. The signatures of renters or lessees will not be counted under the law. Owners are those whose names appear in the records of the County Assessor. If you have purchased the property very recently, your name may not yet appear in the County Assessor's records. The petition may be signed by the following persons: 1. If two or more persons own the property as tenants-in-common, any one tenant-in-common may sign for all. 2. If two or more persons own the property in joint tenancy, any one joint tenant may sign for all. 3. If the property is held by husband and wife, but not as tenants-in-common or as joint tenants, both must sign the petition. The only exception is where the. County Assessor's records show that they own the property as husband and wife (for example, "John Jones and Mary Jones, his wife"); in that case either may sign for both. 4. If the property is owned by a partnership, any general partner may sign. 5. If the property is owned by a corporation, the petition may be signed for the corporation by any officer or officers authorized to make contracts by the corporate by-laws or by resolution of the corporation's Board of Directors. The seal of the corporation should be affixed. Property Description After the signature, please fill in the date of signing and a description of the property owned. The preferred description is the County Assessor's parcel number. This is the number that appears on the property tax bill. Checkinq the Petition The signatures on the'petition will be checked against the records of the County Assessor. Only those owners who appear to be such on the Assessor's records at the time the petition is filed (not the time it is signed) can be counted in calculating the adequacy of the petition. The petition must be signed by owners representing at least sixty percent of the land area proposed to be assessed. If the petition is signed by an owner of forty percent (40%) or more in land area, and any of the remaining property is used primarily for residential purposes, the owners of fifty percent (50%) in land area of property which is not.owned by the owner of forty percent (40%) or more in land area must sign the petition if itis to be effective. Notice that the calculation is based on land area of property owned, not on assessed valuation, amount of proposed assessment or number of.owners. EXHIBIT B SCOPE OF WORK THE SCOPE OF WORK INCLUDED WITHIN THE PROPOSED ASSESSMENT DISTRICT INCLUDES: 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 thee 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. ~