Loading...
HomeMy WebLinkAboutCC Resolution 6801 (Kerner Blvd Assessment District)RESOLUTION NO. 6801 RESOLUTION APPROVING REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT KERNER BOULEVARD ASSESSMENT DISTRICT The City Council of the City of San Rafael resolves: This Council has taken a series of actions preliminary to ordering the improvement in the Kerner Boulevard Assessment District, City of San Rafael, Marin County, California, and now makes the following findings and orders: 1. The Council adopted a map showing the boundaries of the land benefited by the proposed improvement. A copy of the boundary 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 order the improvement described therein under the Municipal Improvement Act of 1913, and directed the Director of Public Works of the City of San Rafael, as the Engineer of Work for the assessment district, to prepare the report required by Section 10204 of the Streets and Highways Code. The improvement is generally described as follows: a. The construction of Kerner Boulevard, Pelican Way, and Morphew Street, including clearing, grading, subbase, base, pavement, curbs and gutters, storm drainage facilities, sanitary sewers and appurtenances; a system of domestic water supply including fire hydrants and other appurtenances; street lights and underground electrical, gas, telephone, and all other improvements and facilities necessary for completion of the street improvements, and the acquisition of all necessary interests in real property. Kerner Boulevard is to be constructed from the northwesterly boundary of Assessor's Parcel 9-290-29 in a southeasterly direction to the intersection with Piombo Place and southwesterly to Francisco Boulevard. Pelican Way is to be constructed from Francisco Boulevard northwesterly for a distance of approximately 950 feet. Morphew Street is to be constructed from Francisco Boulevard to the northwesterly boundary of Assessor's Parcel 9-290-25. b. The reconstruction of curb and gutter along a portion of the northerly side of Francisco Boulevard from Kerner Boulevard to the northwest corner of Assessor's Parcel No. 9-290-29. C. The construction of open space facilities including pond grading, culverts for controlled tidal flow, breakwater, planting and the acquisition of all necessary ORIGINAL ��o, interests in real property. The assessment district will receive $400,000 from sources other than assessment district bonds for use in connection with the open space facilities. The $100,000 contribution agreed to by property owners -- Forrest Morphew; Fred Grange; Horst Hanf and William Poeschl; and Mario Ghilotti (Fairview Lands) will be included in the bond issue and assessed only against properties of said owners. d. The payment of all amounts necessary to eliminate any fixed special assessment liens previously imposed upon any parcel to be assessed in the proposed district, if such prepayment is dictated by sound underwriting principles. The Resolution of Intention was later amended. 3. The Engineer of Work filed the report as directed, and the City Council called a hearing on the report as required by Section 10301 of the Streets and Highways Code. Notice of the hearing was given by publication, by street posting and by mailing to affected property owners, all according to the Municipal Improvement Act of 1913. Affidavits of publication, posting 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 Boundary Map 11/1/82 6433 b. Boundary Map filed with County Recorder 11/19/82 - c. Resolution of Intention 11/15/82 6447 d. Resolution amending Resolution of Intention 3/19/84 6764 e. Filing of Engineer's Report 3/19/84 - f. Resolution accepting Report 3/19/84 6766 g. Certificate of Mailing Notice of Improvement 3/22/84 - h. Affidavit of Publication of Notice of Improvement 3/26/84 - i. Certificate of Posting of Notice of Improvement 4/2/84 - j. Public hearing conducted 5/7/84 - k. Filing of Amended Engineer's Report 5/7/84 - 7. The Council approves the 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 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 Amended Engineer's Report. 9. This City Council orders the improvement described in paragraph 2 and as detailed in the Amended Engineer's Report. 10. Serial bonds representing unpaid assessments, and bearing interest at a rate not to exceed the maximum rate permitted by law at the time of issuance of bonds, 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 nineteen (19) years from the second day of July next succeeding ten (10) 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. 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 7th day of May, 1984, by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor MuTryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner JE"i Ezi�. LEONCINI, City Clerk 3