HomeMy WebLinkAboutResolution No. 5482RESOLUTION NO. 5482
RESOLUTION APPROVING AMENDED REPORT AND ASSESSMENT AND
ORDERING IMPROVEMENTS, SMITH RANCH ASSESSMENT DISTRICT
NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
The City Council of the City of San Rafael, Marin County,
California, resolves:
This City Council has taken a series of actions preliminary
to ordering the improvement in Smith Ranch Assessment District No. 1,
City of San Rafael, Marin County, California, and now makes the follow-
ing findings and orders:
1. The City 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 City Council adopted its Resolution of Intention, as
later amended, to order the improvements described therein under the Muni-
cipal Improvement Act of 1913, and directed the Director of Public Works,
as Engineer of Work for the assessment district, to -prepare the Report
required by Section 10402 of the Streets and Highways Code. The improve-
ment is generally described as follows:
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 landscap-
ing; storm drainage facilities; sanitary sewers and appurtenances;
a system of domestic water supply including fire hydrants,
services and appurtenances; underground electrical and communi-
cation facilities and appurtenances; street lights;and all other
improvements 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.
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 ex-
tent of the assessment district, or the proposed assessment. Follow-
ing the hearing, at the direction of the City Council, the Engineer of
Work filed an Amended Report.
5. The City 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 improve-
ment.
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 May 9/20/76 5178
b. Boundary Map filed with County
Recorder in Book of Maps of Assess- 11/5/76 Vol. 2 at
ment Districts Page 10
C. Resolution of Intention 10/4/76 5194
d. Filing of Engineer's Report 5/1/78
-2-
Resolution Amending Resolution of
Intention No. 5194 5/1/78 5460
Resolution accepting Report 5/1/78 5462
Affidavit of Publication of 5/15/78 &
Notice of Improvement 5/22/78
Certificate of Mailing Notice
of Improvement 5/5/78
Certificate of Posting Notice
of Improvement 5/12/78
Public Hearing Conducted 6/5/78
Amended Engineer's Report filed 6/5/78
7. The City Council approves the Amended Engineer's Report
and each component part of it, including each exhibit incorporated
by reference in the report.
8. The City Council finds that the Engineer of Work, in the
Amended Report, has fairly and properly apportioned the cost of the
improvement to each parcel of land in the assessment district in pro-
portion 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 En-
gineer's Report.
9. This City Council orders the improvement described in Para-
graph 2 and as detailed in the Amended Engineer's Report.
10. Serial bonds representing unpaid assessments, and bearing
interest at a rate of not to exceed eight per cent (80) per annum
will be issued in the manner and form provided in Part 5, Division 7
of the Streets and Highways Code of the State of California (Improve-
ment Act of 1911) to represent unpaid assessments of Fifty Dollars
-3-
($50.00) or over, the last installment of which bonds shall mature
nineteen (19)years from the 2nd day -of January next succeeding the
next September lst following their date.
11. According to Section 10603 of the Streets and Highways Code,
the City Council designates the City Treasurer to collect and receive
payment of the assessments.
12. If, on completion of the improvement and payment of all
costs, any surplus remains in the improvement fund for the assess-
ment district, the surplus shall be distributed as follows:
a. If the surplus does not exceed five per cent (5%) of the
total amount expended from the improvement fund, or $1000, whichever
is less, the surplus shall be transferred to the general fund of the
City.
b. If the surplus exceeds the amount set forth in subparagraph
(a.), the surplus shall be credited to each assessment according to
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 5th day
of June, 1978, by the following vote, to wit:
AYES: Councilmembers Jensen, Mi skimen, Mul ryan and Mayor Betti ni
NOES:
ABSENT:
Councilmembers None
Councilmembers Nixon
JEANNE M. LEONCINI, City Clerk,
City of San Rafael, Marin County,
California
-4-