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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