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Home My WebLink AboutCC Resolution 4184RESOLUTION NO. 4184 RESOLUTION AND ORDER APPROVING SECOND AMENDED ENGINEER'S REPORT, ORDERING THE IMPROVEMENTS AND ACQUISITIONS TO BE MADE AND CONFIRMING ASSESSMENT, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA WHEREAS, on the 18th day of January, 1971, the City Council of the City of San Rafael, Marin County, California, adopted its Resolution of Intention, as later amended, in the East San Rafael Drainage Assessment District No. 1, City of San Rafael, Marin County, California, for the improvements and acquisitions to be made in said assessment district and referred said proposed improvements and acquisi- tions to CARLOS E. GONZALEZ CIVIL ENGINEERS, INC. to make and file a report with the City Clerk of the City of San Rafael; and WHEREAS, subsequent thereto the City Council of the City of San Rafael appointed ELY CAILLOUETTE, City Engineer of the City of San Rafael as Engineer of Work for said assessment district; and WHEREAS, on the 20th day of December, 1971, the said Engineer of Work filed an Engineer's Report, Assessment and Assessment Diagram in accordance with said Resolution, as amended, and said Engineer's Report was presented to the City Council of the City of San Rafael for consideration; and WHEREAS, on the 20th day of December, 1971, the City Council of the City of San Rafael preliminarily adopted said Engineer's Report and fixed Monday, the 14th day of February, 1972, 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, as the time and place for hearing protests with relation to said proposed improvements and ac- quisitions; and WHEREAS, subsequent thereto, and on the 7th day of February, 1972, the City Council directed the Engineer of Work to file an Amended Engineer's Report to incorporate certain addenda and changes in the proceedings; and WHEREAS, on the 7th day of February, 1972, the Engineer of Work filed an Amended Engineer's Report and Assessment Diagram in accordance with the order of the City Council, and said Amended Engineerh Report was presented to the City Council of the City of San Rafael for consideration; and WHEREAS, on the 7th day of February, 1972, the City Council of the City of San Rafael rescinded Resolution No. 4130, entitled "Resolution and Order Preliminarily Adopting Engineer's Report, Setting Public Hearing Thereon, Calling for Bids and Setting Public Hearing on the Formation of the Levee Maintenance District, East San Rafael Drainage Assessment District No. 1, City of San Rafael, Marin County, California; and WHEREAS, on the 7th day of February, 1972, the City Council of the City of San Rafael prelimiarily adopted the said Amended Engineer's Report and fixed Monday, the 13th day of March, 1972, 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, as the time and place for hearing protests with relation to said proposed improve- ments 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 said rescheduled hearing on the Amended Report; and WHEREAS, on the 13th day of March, 1972, said hearing was 8" 3 0 lrrA-Ai- continued to March 27, 1972, at the hour of --o'clock P.M.; and WHEREAS, on the 27th day of March, 1972, said hearing was held and all matters were continued for consideration by the City Council to the 3rd day of April, 1972; and :V= WHEREAS, on the 3rd day of April, 1972, the Engineer of Work filed with the City Clerk of the City of San Rafael a Second Amended Engineer's Report; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael, Marin County, California, that this City Council does hereby find, determine and order as follows; 1. That the district benefited by said improvements and ac- quisitions, 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 improve- ments 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 Second 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 said Second 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 ap- proved as the Engineer's total and detailed estimate of the costs and expenses of said improvements and acquisitions. 4. That the public convenience and interest require, and said City Council hereby orders the improvements and acquisitions to be made as described in, and in accordance with, said Resolution of Intention, as amended, and the Second Amended Engineer's Report on file with the City -3- Clerk of the City of San Rafael, reference to both of which is here- by 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. 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 im- provements 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 Second 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 improvements and acquisitions, plus incidental expenses, which each of said lots, pieces or parcels of land has been assessed in said Second Amended 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 distributed in accord- ance with Section 10427 of the Streets and Highways Code. -4- 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 3rd day of April, 1972, by the following vote, to wit: AYES: Councilmen:_ Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen • None ABSENT: Councilmen • None MARION A. GRADY, City Clerk, City of San Rafael, Marin County, California -5-