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HomeMy WebLinkAboutCC Resolution 6880 (Peacock Gap Improvement District)[PG -12] RESOLUTION NO. 6880 CITY OF SAN RAFAEL PEACOCK GAP IMPROVEMENT DISTRICT RESOLUTION CONFIRMING ASSESSMENT AND ORDERING PROPOSED IMPROVEMENTS TO BE MADE; PROVIDING FOR NOTICE OF RECORDING OF ASSESSMENT; AND DESIGNATING THE CITY TREASURER TO COLLECT AND RECEIVE MONEY WHEREAS, the City Council of the City of San Rafael (the "City"), by Resolution of Intention No. 6738 heretofore duly adopted on February 6, 1984, declared its intention to order the improvements therein described to be made in an assessment district therein described designated "Peacock Gap Improvment District"; and WHEREAS, this City Council in and by said Resolution of Intention No. 6738 referred said proposed improvements to the Director of Public Works of the City as Engineer of Work, and directed said Engineer of Work to make and file with the City Clerk of the City in writing a report containing the matters specified in Section 10204 of the Streets and Highways Code, which said report was thereafter filed with the City Clerk of the City, and was preliminarily Resolution No. 6880 approved by this City Council on June 18, 1984, and this City Council fixed 8:00 o'clock P.M. on Monday, August 6, 1984, at the City Council Chambers, San Rafael City Hall, 1400 Fifth Avenue, San Rafael, California 94915, as the time and place for hearing of protests to said proposed improvements, and provided for notice of said hearing; and WHEREAS, the City Clerk of the City has filed with this City Council an affidavit setting forth the time and manner of the compliance with the requirements of law for publishing, posting and mailing notices of the adoption of said Resolution of Intention No. 6738 and of the filing of said report and of the time and place for hearing protests to said proposed improvements, or to the extent of the assessment district or to the proposed assessment; and this City Council hereby finds that notice of the adoption of said Resolution of Intention No. 6738 and of the filing of said report and of the time and place for hearing protests to said proposed improvements has been published, posted and mailed in the time, form and manner required by law; and WHEREAS, said hearing was duly convened by this City Council at said time and place for the hearing of all protests to said proposed improvements, or to the extent of the assessment district or to the proposed assessment, and this City Council thereupon proceeded with said hearing, and duly heard all interested persons desiring to be heard at said hearing; and K Resolution No. 6880 WHEREAS, at said hearing the Engineer of Work recommended that various changes be made in said report, as more particularly set forth in his letter on file with this City Council; and WHEREAS, upon the basis of all evidence presented at said hearing, this City Council ordered that the assessment and the diagram contained in said report be modified in certain particulars, as more fully set forth in the records of this City Council; and WHEREAS, this City Council is fully advised in the premises; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael, as follows: Section 1. The foregoing recitals are true and correct and this City Council so finds and determines. Section 2. This City Council hereby finds and determines that all of the several assessed subdivisions of land in said assessment district have been assessed in proportion to the benefits to be received by such subdivisions, respectively, from said improvements. Section 3. This City Council hereby confirms said assessment and said diagram as so modified as now on file with it; and declares that said report of said Engineer of Work and said assessment and said diagram as so modified are hereby adopted and confirmed. 3 Resolution No. 6880 Section 4. This City Council hereby orders said proposed improvements described in said Resolution of Intention and in said report to be made. Section 5. The City Clerk of the City is hereby directed to transmit the diagram of said assessment district and said assessment as confirmed to the Superintendent of Streets of the City and to the Engineer of Work, and each of said persons shall record the same in his office, and said assessment shall become due and payable; and the City Clerk of the City is hereby further directed to file in the office of the Marin County Recorder a copy of said assessment diagram as so recorded and to execute and record a notice of assessment in the office of the Marin County Recorder, and said assessment shall become a lien upon the land on which it is levied; all pursuant to the Municipal Improvement Act of 1913. Section 6. The Treasurer of the City is hereby designated to collect and receive the money paid pursuant to said assessment as herein confirmed. The City Clerk of the City is hereby ordered and directed to give notice of recording said assessment by (a) Mailing postage prepaid to each person owning property in said Peacock Gap Improvement District, at his last known address as it appears on the tax rolls of the County of Marin, or on file at the office of the City Clerk of the City, or to both addresses if they are not the same, ►� A Resolution No. 6880 or if no address appears, to General Delivery, San Rafael, California, a statement containing a designation of the property assessed sufficient to enable the owner to identify it, the amount of the assessment, the date of the recordation of the assessment, the time and place of payment of the assessment and the effect of failure to pay within such time, and a statement that bonds are to be issued under the Improvement Bond Act of 1915 to represent unpaid assessments; and (b) Causing to be published once a week for two successive weeks in The Independent -Journal, a newspaper of general circulation in the City, a notice stating that said assessment has been recorded in the office of the Superintendent of Streets of the City and in the office of the Engineer of Work, and that all sums assessed therein are due and payable immediately, that the payment of said sums is to be made to the Treasurer of the City within 30 days after the date of recording the assessment (which date shall be stated in the notice), and that if any assessments are not paid within the 30 -day period, bonds will be issued under the Improvement Bond Act of 1915 to represent unpaid assessments. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting A Resolution No. 6880 of the City Council of said City held on Monday , the 6th day of August , 1984, by the following vote, to wit: AYES: Councilmembers: Breiner, Frugoli, Nave & Mayor Mulryan NOES: Councilmembers: None ABSENT: Councilmembers: Russom JEICWE M. LEONCIN , City Clerk on