HomeMy WebLinkAboutCC Resolution 8563 (Mariposa Rd Assessment District)RESOLUTION NO. 8563
RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN
MARIPOSA ROAD ASSESSMENT DISTRICT
The City Council of the City of San Rafael resolves:
This Council intends to order the following improvement
under the authority of the Municipal Improvement Act of 1913:
Grading and paving of Mariposa Road including curb, gutter,
sidewalk; storm drain; sewer main and laterals and lateral
reconnections.
This Council finds that the land specially benefited by
the improvement is shown within the boundaries of the map entitled,
"Proposed Boundaries for Mariposa Road Assessment District, City of
San Rafael, Marin 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 Mariposa Road Assessment District, City of San Rafael,
Marin County, California.
This 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 Marin 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 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.
This Council intends, pursuant to subparagraph (f) of
Section 10204 of the California Streets and Highways Code, to
provide for an annual assessment upon each of the parcels of land
in the proposed assessment district to pay various costs and
expenses incurred from time to time by the City and not otherwise
reimbursed to the City which result from the administration and
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collection of assessment installments or from the administration or
registration of the improvement bonds and the various funds and
accounts pertaining thereto.
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 Act of 1915
shall be as provided in Part 11.1, Division 10, of the Streets and
Highways Code of the State of California.
The City 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.
This 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 Council appoints CSW/Stuber-Stroeh Engineering
Group, Inc. 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 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.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael,
California, hereby certify that the foregoing resolution was duly
and regularly introduced and adopted at a regular meeting of the
Council of said City held on the 4th day of November, 1991, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEJOWM. LEONCINIA City Clerk
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