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:
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'.....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
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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
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