RES 98151 - Laserfiche WebLink

Resolution No. 98-151 Page Two WHEREAS, the GHAD will not incur any expenses before the City formally accepts the public improvements in the Laurel Creek Estates development; consequently, the authorized assessment will not be actually levied on the parcels until the formal acceptance of the public improvements. NOW, THEREFORE, THE CITY COUNCIL AS THE BOARD OF DIRECTORS RESOLVES AS FOLLOWS: Section 1: The Board hereby declares its intention, consistent with the requirements of Article XIII D of the California Constitution, to order that the costs and expenses of the GHAD improvements shall be assessed against the property within the GHAD which is benefited by the GHAD. Section 2: The Board further declares its intention to assess against the property within the GHAD all or part of the amounts set forth in the Engineer's Report commencing at the time the City formally accepts the public improvements in the Laurel Creek Estates development, which is estimated to begin in the year 1999 and for subsequent years. Section 3: Notwithstanding paragraph 2 above, the Board shall not order this assessment if a majority protest exists as defined in Section 4(e) of Article XIII D of the Califomia Constitution. Section 4: Each of the parcels identified in Exhibit A will receive a particular and distinct benefit in the form of GHAD facilities and services which are over and above the general benefits received by the general public. Specifically, the GHAD will (a) maintain surface and subsurface drainage facilities to prevent certain geologic hazards within the GHAD, and (b) establish a reserve to fund, mitigate, abate or control those geologic hazards within the GHAD. These special benefits are described in detail in the Laurel Creek Estates Plan of Control on file with the City of Pleasanton's Department of Public Works. Section 5: The Board has reviewed and considered the Engineer's Report. The special benefit derived from the GHAD by each parcel is proportionate to the entire costs of the GHAD, and the amount of the assessment is proportional to, and no greater than, the benefits conferred on each parcel. The assessment does not exceed the reasonable cost of the proportional special benefit conferred on each parcel.