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HomeMy WebLinkAboutCC Resolution 4352RESOLUTION OF INTENTION NO. 4352 IN THE MATTER OF THE CONSTRUCTION OF IMPROVEMENTS AND ACQUISITIONS IN LUCAS VALLEY OPEN SPACE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA BE IT RESOLVED by the City Council of the City of San Rafael, Marin County, California, that it is the intention of said Council to order the following improvements and acquisitions to be made in Lucas Valley Open Space Assessment District, City of San Rafael, Marin County, California, to wit: The acquisition of real property and the installation of such improvements required to develop the land for public park purposes. BE IT RESOLVED that said improvements to be constructed in the streets, avenues, lanes, courts, roads, places and/or public ways hereinabove described, will be of dimensions, materials, and in the particular locations, as set forth and shown on the plans and specifications and detailed drawings hereinafter referred to; together with the construction of all appurtenances thereto, including neces- sary fittings, trenchings, grading and regrading, excavation and fill, removal of obstructions, connections to existing services, back filling, reconstruction of existing ground surface as required to conditions existing prior to commencement of construction, all in the manner, of the materials, and to the dimensions and to the grades, and in the particular locations as the same will be more fully shown on the plans and specifications and detailed drawings hereinafter referred to; That the structures and work and improvements herein described shall be constructed to the grades, sub -grades and elevations severally to be shown upon the plans and profiles and detailed drawings thereof in the respective locations thereof, which said grades are hereby 0-0) adopted as the official grades therefor for all purposes in connec- tion with the proceedings pursuant to this Resolution of Intention. Notice is hereby given that said grades may be new and different from those heretofore established or existing, or may be different from existing ground levels. All of said work shall include, without duplication, any and all street intersections, terminations and opposite terminations occurring within the limitations of said work. The attention of all persons is directed to the fact that not all of said classes of work above described may be constructed upon all the streets and/or public ways above described in their entirety, but only upon the particular locations as shown on the plans and specifications hereafter referred to, which said plans and specifica- tions shall govern as to all details with relation to the same. BE IT FURTHER RESOLVED that the City Council of the City of San Rafael hereby makes the expenses and costs of said improvements and acquisitions chargeable upon a district, which said district said Council hereby declares the district benefited by the improvements and acquisitions herein described; said district shall include that territory in the City of San Rafael, Marin County, State of California, which is shown on that certain map on file in the office of the City Clerk of the City of San Rafael, and which is entitled and described,. "Proposed Boundaries of Lucas Valley Open Space Assessment District, City of San Rafael, Marin County, California," and which said map indicates by a boundary line the extent of the territory included in the proposed district and covers all details as to the extent of the area to be assessed; said map is, by this reference, incorporated herein and made a part hereof. Excepting from the area shown and delineated on said map hereinabove referred to, the area of all public streets, avenues, lanes, roads, drives, courts, places, public parks, and all easements -2- 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. NOTICE IS HEREBY GIVEN that serial bonds to represent unpaid assessments, and bearing interest at the rate of not to exceed seven per cent (7%) per annum, shall be issued herein in the manner provided in Division 10 of the Streets and Highways Code, the Improvement Bond Act of 1915, the last installment of which shall mature twenty-four (24) years from the 2nd day of July next succeeding ten (10) months from their date. NOTICE IS HEREBY FURTHER GIVEN that it is the intention of the City Council of the City of San Rafael to make a partial contribution toward the cost of the work to be ordered and the acqui- sitions to be made. The amount of said contribution is to be de- termined at a later date and said contribution to be made either before or after the levy of assessments for the cost of the project, in accordance with Section 10205 of the Streets and Highways Code of the State of California. Proceedings for all work shall be taken pursuant to the Municipal Improvement Act of 1913, and the bonds hereinabove described shall be issued under the provisions of the Improvement Bond Act of 1915 as heretofore described. BE IT FURTHER RESOLVED that in accordance with the provisions of Sections 10203 and 10204 of the Streets and Highways Code, being a part of the Municipal Improvement Act of 1913, the matter of the improvements and acquisitions herein referred to is hereby referred to ELY CAILLOUETTE, City Engineer, the person having charge and control of the improvements and acquisitions described in this resolution. Said person is hereby directed to make and file with the City Clerk of the City of San Rafael a report in writing containing the following: -3- a. Plans and specifications of the proposed improve- ment, if the improvement is not already installed. b. A general description of the works or appliances already installed and any other property necessary or convenient for the operation of the improvement, if the works, appliances or property are to be acquired as part of the improvement; C. An estimate of the cost of the improvement and of the cost of lands, rights-of-way, easements and incidental expenses in connection with the improve- ment. If the legislative body in the resolution of intention ordered that private utility damages be included in the assessment, the report shall contain an estimate of private utility damages; d. A diagram showing the assessment district and the boundaries and dimensions of the subdivisions of land within the district as they existed at the time of the passage of the resolution of intention. Each subdivision, including each separate condomin- _ium interest as defined in Section 783 of the Civil Code, shall be given a separate number upon the diagram. e. A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the several subdivisions of land in the district in proportion to the estimated benefits to be received by such subdivisions, respectively, from the improvement. When any portion or percent- age of the,cost and expenses,of the improvement is ordered to be paid out of the treasury of the municipality, pursuant to Section 10200, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of the improvement, and the assessment upon property proposed in the report shall include only the remainder of the estimated cost and expenses. The assessment shall refer to the sub- divisions by their respective numbers as assigned pursuant to subdivision (d) of this section. BE IT FURTHER RESOLVED that if 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. BE IT FURTHER RESOLVED that the City Council hereby finds that the public interest will not be served by allowing the property owners to take the contract for the work and improvements provided for in this Resolution of Intention. -4- 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 18th day of December, 1972, by the following vote, to wit: AYES: CouncilmenJensen,Mi ski men Mut ryan and Mayor Betti ni NOES: Councilmen None ABSENT: Councilmen None MARION A. GRADY, City Clerk, City of San Rafael, Marin County, California ltis�-• n- Gc . -5-