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HomeMy WebLinkAboutCC Resolution 4383RESOLUTION NO. 4383 RESOLUTION AND ORDER APPROVING ENGINEER'S REPORT, ORDERING THE CONSTRUCTION OF' IMPROVEMENTS AND ACQUISITIONS AND CONFIRMING ASSESSMENT, LUCAS VALLEY OPEN SPACE ASSESSME14T DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFOR14IA WHEREAS, on the 18th day of December, 1972, the City Council of the City of San Rafael, Marin County, California, adopted its Resolution of Intention in Lucas Valley Open Space Assessment District, City of San Rafael, Marin County, California, for the con- struction of improvements and acquisitions in said assessment dis- trict and referred said proposed improvements and acquisitions to ELY CAILLOUETTE, Ci -y Engineer, as Engineer of Work for said assess- ment district; and WHEREAS, on the 18th day of December, 1972, the said ELY CAILLOUETTE, Engineer of Work, filed an Engineer's Report, Assess- ment and Assessment 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 Engi- neer'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 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 -1- AL it ?'-M-4: WHEREAS, on the 5th day of February, 1973, said hearing was held; and WHEREAS, all protests having been overruled; 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.exnenses thereof, is more particularly described in the Resolution of Intention here- inabove 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 function as such, shall be omitted from said district and from the levy and col- lection of the special assessments to be hereafter -levied and col- lected 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. 3. That the Estimate of Cost of the itemized and total estimated cost and expenses of the improvements and acquisitions, and of the incidental expenses in connection therewith, which said Esti- mate of Cost is on file with the City Clerk of the City of San Rafael, be, and it is hereby, finally adopted and approved as the Engineer's total and detailed estimate of the costs and expenses of said improve- ments and acquisitions. -2- 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 Intention and the 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 acqui- sitions and also reference is hereby made to the provisions of the Municipal Improvement Act of 1913, as amended. 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 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 bene- fited 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 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 distri- buted in accordance with Section 10427 of the Streets and Highways Code. -3- 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, Mi sk i men , Mul ryan and Mayor Bett i n i NOES: Councilmen None ABSENT: Councilmen None MARION A. GRADY, City Clerk, City of San Rafael, Marin County, California >22 /- -4-