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
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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.
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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.
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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
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