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HomeMy WebLinkAboutCC Resolution 4663RESOLUTION NO. RESOLUTION AND ORDER PRELIMINARILY ADOPTING ENGINEER'S REPORT, SETTING PUBLIC HEAPING AND CALLING FOR BIDS AND SETTING PUBLIC HEARING ON FORMATION OF THE LEVEE MAINTENANCE DISTRICT, EAST SAN RAFAEL DRAINAGE ASSESS- MENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA WHEREAS, on the 18th day of June, 1973, the City Council of the City of San Rafael, Marin County, California, adopted its Resolution of Intention, as amended, for the improvements and acqui- sitions to be made in the East San Rafael Drainage Assessment District No. 2, City of San Rafael, Marin County, California, and referred said improvements and acquisitions 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 require- ments of the Municipal Improvement Act of 1913 of the State of Cali- fornia; and WHEREAS, said Engineer of Work did, on the 4th day of Feb- ruary, 1974, file with the City Clerk of the City of San Rafael a report in accordance with the said resolution, and said City Clerk has presented the report to this City Council for consideration; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael, Marin County, California, and this City Council hereby finds: 1. That the report made and filed by the Engineer of Work on the 4th day of February, 1974, 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 pro- files and estimates of cost; (3) assessment diagram and assessment; (4) descriptions of easements and/or rights-of-way to be acquired. -1- 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 proceed- ings under said Municipal Improvement Act of 1913; and BE IT FURTHER RESOLVED that Monday, the 18th day of March, 1974, 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 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 improvements and ac- quisitions, 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 deter- mination 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 herein for hear- ing thereon; and BE IT FURTHER 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 published 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, further directed to cause Notices of Improvement to be posted on all of the open streets within the district described in the Resolution of Intention, as amended, at not more than three hundred feet apart on each street so posted in accordance with the requirements of Sections 10302 and 10303 of the Municipal Improvement Act of 1913; and -2- BE IT FURTHER RESOLVED that notices of the adoption of the Resolution of Intention, as amended, 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 as 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 Cali- fornia; and BE IT FURTHER RESOLVED that Monday, the 18th day of March, 1974, 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 Council Chambers, 1400 Fifth Avenue, San Rafael, California, is hereby fixed as the time and place for hearing protests with rela- tion to the proposed formation of the Levee Maintenance District, East San Rafael Drainage Assessment District No.2), City of San Rafael, Marin County, California; and BE IT FURTHER RESOLVED that this City Council hereby pre- liminarily orders that the improvements and acquisitions described in the Resolution of Intention, as amended, be had and done in accord- ance with the plans and specifications and profiles for said work. The plans and specifications with said report are hereby adopted as the plans, profiles and specifications for the doing of said work and improve- ments, and said City Council hereby orders that bids shall be re- ceived for the doing of said work and improvements on the 4th day of March, 1974, at 10:00 o'clock A.M. of said day. Said bids or proposals shall be delivered on or. before 10:00 o'clock A.M. of the 4th day of March, 1974, 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, exam- ined and declared. Said bids after being publicly opened, examined -3- and declared, will be calculated by the Engineer of Work, his report returned to the City Clerk, 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 proposals or bids should it deem this necessary for the public good, and also the bid of any bidder who has been delinquent or un- faithful 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 4th day of February, 1974, by the following vote, to wit: AYES: Councilmen Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini. NOES: Councilmen None. ABSENT: Councilmen None. MARION A. GRADY, City Clerk, City of San Rafael, :Marin County, California -4-