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HomeMy WebLinkAboutCC Resolution 4376RESOLUTION NO. 4376 RESOLUTION AND ORDER APPROVING AMENDED ENGINEER'S REPORT, ORDERING THE CONSTRUCTION OF IMPROVEMENTS AND ACQUISITIONS AND CONFIRMING ASSESSMENT, BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA WHEREAS, on the 19th day of June, 1972, the City Council of the City of San Rafael, Marin County, California, adopted its Reso- lution of Intention, as amended, in Bahia de Rafael Industrial Park Assessment District, City of San Rafael, Marin County, California, for the construction of improvements and acquisitions in said assess- ment district and referred said proposed improvements and acquisitions to the Engineer of Work for said assessment district; and WHEREAS, on the 18th day of December, 1972, the said Engineer of Work filed an Engineer's Report, Assessment and Assess- ment Diagram in accordance with said Resolution, and said Engineer's Report was presented to the City Council of the City of San Rafael for consideration; and WHEREAS, on the 18th day of December, 1972, the City Council of the City of San Rafael preliminarily adopted said Engineer's Report and fixed Monday, the 5th day of February, 1973, 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 hear- ing protests with relation to said proposed improvements and acquisi- tions; and WHEREAS, pursuant to said Resolution hereinabove mentioned oa Notice of Improvement was duly published, posted and mailed, giving notice of the time and place of hearing on said Report; and -1- F- , f-f,r ,� cn r+� r E 71 WHEREAS, on the 5th day of February, 1973, said hearing was held; and WHEREAS, on the 5th day of February, 1973, the City Council of the City of San Rafael directed the Engineer of Work to file an Amended Engineer's Report; and WHEREAS, on the 5th day of February, 1973, the Engineer of Work filed with the City Clerk of the City of San Rafael an Amended Engineer's Report; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael, Marin County, California, that this Council does hereby find, determine and order as follows: 1. That the district benefited by said improvements and acquisitions 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. That all public streets and highways within said assessment district, the same being in use in the performance of a public func- tion as such, shall be omitted from said district and from the levy and collection of the special assessments to be hereafter levied and collected to cover the costs and expenses of said improvements and acquisitions. 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 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 -2- said 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. 4. That the public convenience and interest require, and said Council hereby orders the improvements and acquisitions to be made as described in, and in accordance with, said Resolution of Inten- tion, as amended, and the Amended Engineer's Report on file with the City Clerk of the City of San Rafael, reference to both of which is hereby made for a more particular description of said improvements and acquisitions and also reference is hereby made to the provisions of the Municipal Improvement Act of 1913, as amended. 5. That the amount to be assessed against each of the parcels or subdivisions of land shown on the Amended Engineer's Report does not exceed 75% of the market value of each of the properties assessed after the construction of improvements; that the appraisal of the market value of the properties to be assessed on file in these proceedings is hereby adopted as the market values of each of said parcels. 6. 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 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 -3- improvements and acquisitions, plus incidental expenses, which each of said lots, pieces or parcels of land has been assessed in said Amended Engineer's Report. 7. Collections of assessments shall be made by the Treasurer of the County of Marin. 8. 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. 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 February, 1973, by the following vote, to wit: AYES: Councilmen Jensen, Miskimen, Mul ryan and Mayor Betti ni NOES: Councilmen None ABSENT: Councilmen None MARION A. GRADY, City Clerk, City of San Rafael, Marin County, California -4-