HomeMy WebLinkAboutCC Resolution 4130c^
RESOLUTION NO. 4130
RESOLUTION AND ORDER PRELIMINARILY ADOPTING ENGINEER'S
REPORT, SETTING PUBLIC HEARING TIiEREON, CALLING FOR BIDS
AND SETTING PUBLIC HEARING ON THE FORMATION OF THE LEVEE
MAINTENANCE DISTRICT, EAST SAN RAFAEL DRAINAGE ASSESSMENT
DISTRICT NO. 1, CITY OF SAN FAFAEL, MARIN COUNTY, CALIFORNIA
WHEREAS, on the 18th day of January, 1971, the City Council
of the City of San Rafael, Marin County, California, adopted its Reso-
lution of Intention for the improvements and acquisitions to be made in
East San Rafael Drainage Assessment District No.l, City of San Rafael,
Marin County, California, and referred said improvements to the Engineer
of Work for said assessment district; and
WHEREAS, said City Council directed that said Engineer of
Work make and file with the City Clerk of the City of San Rafael a
report in writing in accordance with the provisions and requirements
of the Municipal Improvement Act of 1913 of the State of California;
and
WHEREAS, said Engineer of Work did, on the 20th day of
December, 1971, file with the City Clerk of the City of San Rafael a
report in writing in accordance with the said resolution, and said City
Clerk has presented the report to this City Council for consideration;
and
WHEREAS, said Resolution of Intention provides for the estab-
lishment of the Levee Maintenance District for the purpose of creating
a taxing area to bear the expense of maintaining and operating all
equipment and facilities necessary for the maintenance of the levee
along the outer bay perimeter of the properties within the boundaries
of said assessment district, including the cost of necessary repairs,
replacements, fuel, power, electrical current, care, supervision and
any or all other items necessary for said purpose;
NOW, TIIEREFORE, BE IT RESOLVED by the City Council of the
City of San Rafael, Marin County, California, and this Council hereby
finds:
-1-
1. That the Report made and filed by the Engineer of Work
on the 20th day of December, 1971, contains all of the requirements
provided for said report by the provisions of the Municipal Improve-
ment Act of 1913, including (1) specifications; (2) plans and profiles
and estimates of cost; (3) assessment diagram and assessment; (4)
descriptions of easements and/or rights-of-way to be acquired.
2.. That said Report, and each and every part thereof, is
sufficient in every particular, and it is hereby determined that
said Report shall stand as the report for all subsequent proceedings
under said Municipal Improvement Act of 1913; and
BE IT FURTHER RESOLVED that Monday the 14th
day of February 1972, 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 at the Council Chambers, 1400 Fifth Avenue, San Rafael,
California, is hereby fixed as the time and place for hearing protests
with relation to the proposed improvements and acquisitions described
in said Report; that any person interested in objecting to said improve-
ments, and acquisitions, the grades to which the work will be done, or
has been done, the extent of the assessment district, the assessment,
or the engineer's estimate of cost and expenses, or any other act or
determination of the City Council or the Engineer of Work of the assess-
ment district may file protest in writing with the City Clerk of the
City of San Rafael at or before the hour fixed hearin for hearing there-
on; and
BE IT FURTHER RESOLVED that Monday the 14th
day of February 1972, 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 at the Council Chambers, 1400 Fifth Avenue, San Rafael,
California, is hereby fixed as the time and place for hearing protests
with relation to the proposed formation of the Levee Maintenance
-2-
FE
District; that any person interested in objecting to the formation
of said Levee Maintenance District, the work proposed to be done
therein, or to the extent of said maintenance district, may file
written protest with the City Clerk of the City of San Rafael at or
before the time herein fixed for hearing. All protests must be in
writing and addressed to the City Clerk, City of San Rafael, 1400
Fifth Avenue, San Rafael, California; and
BE IT FURTIIER RESOLVED that the City Clerk of the City of
San Rafael be, and she is hereby, directed to publish a Notice of
Improvement pursuant to Section 6066 of the Government Code of the
State of California, the first of which said notices to be first pub-
lished at least twenty (20) days prior to the date herein set for
hearing of protests; and
BE IT FURTHER RESOLVED that the City Clerk of the City of
San Rafael be, and she is hereby, directed further to cause Notices
of Improvement to be posted on all of the open streets within the
district described in the Resolution of Intention at not more than
three hundred (300) feet apart on each street so posted in accordance
with the requirements of Sections 10302 and 10303 of the Municipal Im-
provement Act of 1913,; and
BE IT FURTHER RESOLVED that notices of the adoption of the
Resolution of Intention and filing of the Engineer's Report shall be
mailed, postage prepaid, to all persons owning real property to be
assessed whose names and addresses appear upon the last equalized
assessment roll for taxes, or are known to the City Clerk. Said
notices shall contain the matters required in Section 10307 of the
Municipal Improvement Act of 1913 of the State of California.
BE IT FURTHER RESOLVED that this City Council hereby pre-
liminarily orders that the improvements and acquisitions described in
the Resolution of Intention be had and done in accordance with the plans
-3-
and specifications and profiles for said work. The plans and specifi-
cations with said Report are hereby adopted as the plans, profiles
and specifications for the doing of said work and improvements, and
said City Council hereby orders that bids shall be received for the
doing of said work and improvements on the 20th day of January,
1972, at 2:00 o'clock P.M. Said bids or proposals shall be delivered
on or before 2:00 o'clock P. M. of the 20th day of January, 1972,
at the office of the City Clerk of the City of San Rafael, 1400 Fifth
Avenue, San Rafael, California, which said time and place are hereby
fixed as the time and place of a public meeting at which said bids
will be publicly opened, examined and declared. Said bids, after
being publicly opened, examined and declared, will be calculated by
the Engineer of Work, their report returned to the City Clerk of the
City of San Rafael, and the report of the results of the bidding and
the calculations of the Engineer of Work will be reported to the
City Council of the City of San Rafael.
The City Council reserves the right to reject any and all pro-
posals or bids should it deem this necessary for the public good, and
also the bid of any bidder who has been delinquent or unfaithful in
any former contract with the City of San Rafael.
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 20th
day of December, 1971, by the following vote, to wit:
AYES: Councilmen : Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: Councilmen : None
ABSENT: Councilmen : None
MARION A. GRADY, City Clerk, City of
San Rafael, Marin County, California
Flo