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HomeMy WebLinkAboutResolution No. 5460RESOLUTION NO. 5460 RESOLUTION AMENDING RESOLUTION OF INTENTION NO. 5194, SMITH RANCH ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA BE IT RESOLVED by the City Council of the City of San Rafael, I•Zarin County, California, that Resolution of Intention No. 5194, adopted on the 4th day of October, 1976, be, and it is hereby, amended to read as follows: "The City Council of the City of San Rafael, Marin County, California, resolves: This Council intends to order the following improvements under the authority of the Municipal Improvement Act of 1913: The construction of public improvements in Smith Ranch Road, Carlos Drive, and Lands of the State of California, and over public easements and parcels. The opening and improving of streets, subbase, base, pavement, curbs and gutters, sidewalks and land- scaping; storm drainage facilities; sanitary sewers and appurtenances; a system of domestic water supply including fire hydrants, services and appurtenances; underground electrical and communication facilities and appurtenances; street lights; and all other improve- ments and appurtenances necessary for complete and func- tional public improvements including the acquisition of all necessary interests in real property required for all of the foregoing work and 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. This Council finds that the land specially benefited by the improvement is shown within the boundaries of the map entitled, 'Proposed Boundaries of Smith Ranch Assessment District No. 1, City of San Rafael, Marin County, California.' This map has been approved by the Council and is now on file with the City Clerk. The land within the exterior boundaries shown on the map shall be designated, Smith Ranch Assessment District No. 1, City of San Rafael, Marin ri Gy 1'• .tom '', 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, respec- tively, 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, 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 adjust- ing the work on public property. Accordingly, work may be done on private property for this purpose with the written consent of the landowner. NOTICE IS HEREBY GIVEN that serial bonds to represent unpaid assessments,and bearing interest at the rate of not to exceed eight per cent (80) per annum, shall be issued in the manner and form provided in Part 5, Division 7, of the Streets and Highways Code of the State of California (Improvement Act of 1911) to represent un- paid assessments of Fifty Dollars ($50.00) or over, the last install- ment of which bonds shall mature nineteen (19) years from the 2nd day of January next succeeding the next September lst following their date. Said bonds shall be payable to bearer, and may be re- deemed as provided in the Improvement Act of 1911, and there shall be added to the redemption clause in said bonds the follow- ing words: -2- '.....together with a premium of five per cent (5%) of the unmatured principal.' In case of default, there shall be added to the defaulted amount one per cent (1%) of the amount thereof, and on the lst day of each month following such default there shall be added a further penalty of one per cent (1%) of such defaulted amount. The one per cent (1%) penalty first imposed shall be retained by the Treasurer as a cost of servicing the delinquency and all subsequent penalties shall be paid to the holder of the bond along with and as a part of such defaulted payment. This Council finds that the Special Assessment Investiga- tion, Limitation and Majority Protest Act of 1931 (commencing with Section 2800, Streets and Highways Code) does not apply to these proceedings. This Council appoints the Director of Public Works of the City of San Rafael 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 and improvement, as otherwise per- mitted in Section 10502.2 of the Streets and' Highways Code. The amount of any surplus remaining in the improvement fund after completion of the improvement and payment of all claims shall be transferred to the general fund if the surplus does not exceed the lesser of One Thousand Dollars ($1,000.00) or five per cent (5%) of the total amount expended from the fund. Otherwise -3- the entire surplus shall be applied as a credit on the assessments as provided in Section 10427.1 of the Streets and Highways Code." I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the City Council of the City of San Rafael, Marin County, California, at a regular meeting thereof, held on the lst day of May, 1978, by the following vote, to wit: AYES: Councilmembers Jensen, Miskimen and Mayor Bettini NOES: Councilmembers None ABSENT: Councilmembers Mulryan and Nixon JEANNE M. LEONCINI, City Clerk, City of San Rafael, Marin County, California -4-