HomeMy WebLinkAboutResolution No. 4865RESOLUTION NO. 4865
RESOLUTION AND ORDER APPROVING SECOND AMENDED ENGINEER'S
REPORT, ORDERING THE IMPROVEMENTS AND ACQUISITIONS TO BE
MADE AND CONFIRMING ASSESSMENT, EAST SAN RAFAEL DRAINAGE
ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN
COUNTY, CALIFORNIA
WHEREAS, on the 18th day of June, 1973, the City Council of
the City of San Rafael, Marin County, California, adopted its Resolution
of Intention, as amended, in East San Rafael Drainage Assessment District
No. 2, City of San Rafael, Marin County, California, for the improvements
and acquisitions to be made in said assessment district and referred said
proposed improvements and acquisitions to the Engineer of Work for said
assessment district; and
WHEREAS, on the 4th day of February, 1974, the said Engineer
of Work filed an Engineer's Report, Assessment and Assessment Dia-
gram in accordance with said Resolution, and said Engineer's Report
was presented to the City Council of the City of San Rafael for con-
sideration; and
WHEREAS, on the 4th day of February, 1974, the City Council
of the City of San Rafael preliminarily adopted said Engineer's Report
and fixed the 18th day of March, 1974, at the hour of 8:00 o'clock P.M.
of said day, at the meeting place of the City Council of the City of
San Rafael, located in the City Hall, 1400 Fifth Avenue, San Rafael,
California, as the time and place for hearing protests with relation
to said proposed improvements and acquisitions; and
WHEREAS, pursuant to said Resolution hereinabove mentioned
a Notice of Improvement was duly published, posted and mailed, giving
notice of the time and place of hearing on said Report; and
WHEREAS, on the 18th day of March, 1974,said hearing was con-
tinued and has been continued from time to time to the 4th day of Novem-
ber, 1974; and
WHEREAS, on the 5th day of August, 1974, the City Council
of the City of San Rafael directed the Engineer of Work to file an Amended
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Engineer's Report; and
WHEREAS, on the 5th day of August, 1974, the Engineer of
Work filed with the City Clerk of the City of San Rafael an Amended
Engineer's Report; and
WHEREAS, on the 7th day.of October, 1974, the City Council
of the City of San Rafael further directed the Engineer of Work to file
a Second Amended Engineer's Report;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of San Rafael, Marin County, California, that this City Council
does hereby find, determine and order as follows:
1. That the district benefited by said improvements and ac-
quisitions, and to be assessed to pay the costs and expenses thereof,
is more particularly described in the Resolution of Intention, as amended,
hereinabove referred to and made a part hereof by reference thereto.
Said Resolution of Intention, as amended, also excepts from the dis-
trict to be benefited the area of all public streets, avenues, lanes,
roads, drives, courts, places, public parks, and all easements and
rights-of-way therein contained belonging to the public, and also
all property owned by the City of San Rafael, the County of Marin,
the State of California or the United States of America,.contained
therein, now in use in the performance of a public function.
2. That the plans and specifications for the proposed
improvements and acquisitions be, and they are hereby, finally adopted
and approved as the plans and specifications to which said work shall
be done as called for in said Resolution of Intention, as amended.
3. That the Second Amended Estimate of Cost of the itemized
and total estimated cost and expenses of the improvements and acquisi-
tions, and of the incidental expenses in connection therewith, which
said Second Amended Estimate of Cost is on file with the City Clerk of
the City of San Rafael, be, and it is hereby, finally adopted and approv-
ed as the Engineer's total and detailed estimate of the costs and expen-
ses of said improvements and acquisitions.
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4. That the work and improvements to be made, as described
in the Resolution of Intention, as amended and the Second Amended Engineer's
Report on file with the City Clerk of the City of San Rafael, are here-
by approved, and all of the matters contained in said Second Amended
Engineer's Report are approved and confirmed. The City Council of
the City of San Rafael further finds that the public convenience and
interest require, and hereby orders the improvements to be made as des-
cribed in and in accordance with said Resolution of Intention, as
amended, and said Second Amended Engineer's Report. Reference to
both the Resolution of Intention, as amended, and the Second Amended
Engineer's Report is hereby made for a more particular description of
the work and improvements herein approved, confirmed and ordered.
5. The City Council of the City of San Rafael does hereby
levy and apportion upon each and every lot, piece and parcel of land
within the boundaries of the assessment district the amount by which
each of said lots, pieces or parcels of land is benefited by the
improvements and acquisitions. The amount of the assessment which
is levied and apportioned upon each and every lot, piece and parcel
of land within the boundaries of the assessment district is as shown
on the assessment attached to and made a part of the Second Amended
Engineer's Report adopted by this Resolution. The City Council of
the City of San Rafael hereby finds and determines that each of said
lots, pieces or parcels of land within the boundaries of said district
is benefited in the amount and in the proportion of the total cost
of the improvements and acquisitions, plus incidental expenses, which
each of said lots, pieces or parcels of land has been assessed in said
Second Amended Engineer's Report.
6. Collections of assessments shall be made by the County
Treasurer of the County of Marin.
7. In the event any surplus remains in the Improvement
Fund after the completion of the improvements and the payment of all
claims from the Improvement Fund, said surplus shall be distributed
in accordance with Section 10427 of the Streets and Highways Code.
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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
4th day of November, 1974, by the following vote, to wit:
AYES: Councilmen Jensen, Miskimen and Mulryan
NOES: Councilmen None
ABSENT: Councilmen Nixon and Mayor Bett i n i
MARION A. GRADY, City Clerk,
City of San Rafael, Marin
County, California
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