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HomeMy WebLinkAboutCC Resolution 7251 (Civic Center-Northgate Assessment District)RESOLUTION NO. 7251 RESOLUTION APPROVING AMENDMENT OF PROCEEDINGS, SECOND MENDED ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT CIVIC CENTER - NORTHGATE ASSESSMENT DISTRICT The City Council of the City of San Rafael resolves: This Council has taken a series of actions preliminary to ordering an amendment of the proceedings in Civic Center - Northgate Assessment District in the matter of the description of the work to be done, the boundaries of the district, cost of the work, the levy of the assessment and the bond provisions. The Council now makes the following findings and orders: 1. The Council adopted a map showing the amended boundaries of the land benefited by the proposed improvement. A copy of the amended map was filed in the office of the County Recorder of the County of Marin in the Book of Maps of Assessment Districts. 2. The Council adopted its Resolution of Intention to amend the proceedings in Civic Center - Northgate Assessment District in the matter of the work to be done, proposed boundaries, costs thereof, the assessments to be levied, bond provisions and directed the filing of a Second Amended Engineer's Report and set a public hearing thereon in accordance with the provisions of Chapter 4.5, Division 12, of the Streets and Highways Code, beginning with Section 10350. The improvement is generally described as follows: Acquisition of capacity in Northgate Activity Center Plan Traffic improvements, including: the proposed Merrydale Road overcrossing of Highway 101 northbound on-ramp from Manuel T. Freitas Parkway interchange, and other traffic improvements proposed in the City of San Rafael Northgate Activity Center Plan. A. Construction of a sanitary sewer pumping station to be located adjacent to and northwesterly of the Northwestern Pacific Railroad right of way approximately 1,800 feet northeasterly from Civic Center Drive. B. Construction of approximately 2,250 feet of force main from said pumping station northeasterly along said railroad right of way and crossing same to connect with Las Gallinas Valley Sanitary District "Mulligan" force main. C. The acquisition of all necessary interests in real property. 3. The Engineer of Work filed the report as directed, and ORIGINAL the City Council called a hearing on the report as required. A Resolution of Preliminary Determination to undertake amended special assessments proceedings and setting time and place of hearing was adopted. Notice of the hearings was given by publication and by mailing to affected property owners, all according to the Municipal Improvement Act of 1913. Affidavits of publication and mailing were filed with the City Clerk. 4. At the time and place for which notice was given, the City Council conducted a public hearing and gave every interested person an opportunity to object to the proposed improvement, the extent of the assessment district, or the proposed assessment. Following the hearing, at the direction of the Council, the Engineer of Work filed an amended report. 5. The Council finds that written protests against the proposed improvement have not been made by owners representing more than one-half of the area of the land to be assessed for the improvement. 6. The documents and events described in paragraphs 1 to 4, inclusive, are stated here in tabular form, with their dates and, where appropriate, their numbers. All documents are now on file with the City Clerk. Document or Event Date Number a. Resolution approving Amended Boundary Map 11/18/85 7231 b. Amended Boundary Map filed with Recorder 11/21/85 C. Resolution of Preliminary Determination 11/18/85 7233 d. Resolution of Intention to Amend Proceedings 11/18/85 7234 e. Amended Engineer's Report filed 11/18/85 -- f. Certificate of Mailing Resolution of Preliminary Determination 11/25/85 - g. Affidavit of Publication of Resolution of Preliminary Determination 11/29/85 - h. Certificate of Posting Resolution of Preliminary Determination 12/ 6/85 i. Certificate of Mailing Resolution to Amend Proceedings 11/25/85 - j. Affidavit of Publication of Resolution to Amend Proceedings 11/29/85 - k. Resolution determining public convenience 12/16/85 1. Resolution amending Resolution of Intention No. 6811 12/16/85 M. Second Amended Engineer's Report filed 12/16/85 -- n. Public hearings conducted 12/16/85 -- 7. The Council approves the Second Amended Engineer's Report and each component part of it, including each exhibit incorporated by reference in the report. 8. The Council finds that the Engineer of Work, in the Second Amended Engineer's Report has fairly and properly apportioned the cost of the improvement to each parcel of land in the assessment district in proportion to the estimated benefits to be received by each parcel, respectively, from the improvement. The City Council hereby confirms and levies each individual assessment as stated in the Second Amended Engineer's Report. 9. This City Council orders the improvement described in paragraph 2 and as detailed in the Second Amended Engineer's Report. 10. Serial 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 twenty-four years from the second day of September next succeeding twelve (12) months from their date. 11. According to Section 10603 of the Streets and Highways Code, the Council designates the City Treasurer to collect and receive payment of the assessments. P.1 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 16th day of December, 1985, by the following vote, to wit: AYES• COUNCILMEMBERS•Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None JEA( E M. LEONCINI, City Clerk 3