HomeMy WebLinkAboutCC Resolution 4376RESOLUTION NO. 4376
RESOLUTION AND ORDER APPROVING AMENDED ENGINEER'S
REPORT, ORDERING THE CONSTRUCTION OF IMPROVEMENTS
AND ACQUISITIONS AND CONFIRMING ASSESSMENT, BAHIA
DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT, CITY
OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
WHEREAS, on the 19th day of June, 1972, the City Council
of the City of San Rafael, Marin County, California, adopted its Reso-
lution of Intention, as amended, in Bahia de Rafael Industrial Park
Assessment District, City of San Rafael, Marin County, California,
for the construction of improvements and acquisitions in said assess-
ment district and referred said proposed improvements and acquisitions
to the Engineer of Work for said assessment district; and
WHEREAS, on the 18th day of December, 1972, the said
Engineer of Work filed an Engineer's Report, Assessment and Assess-
ment 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 Engineer'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 hear-
ing protests with relation to said proposed improvements and acquisi-
tions; and
WHEREAS, pursuant to said Resolution hereinabove mentioned
oa 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, on the 5th day of February, 1973, the City
Council of the City of San Rafael directed the Engineer of Work to
file an Amended Engineer's Report; and
WHEREAS, on the 5th day of February, 1973, the Engineer
of Work filed with the City Clerk of the City of San Rafael an Amended
Engineer's Report;
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 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
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, as amended.
3. That the 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
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said 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 approv-
ed as the Engineer's total and detailed estimate of the costs and expen-
ses of said improvements and acquisitions.
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 Inten-
tion, as amended, and the Amended 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 acquisitions and also reference is hereby made to the provisions
of the Municipal Improvement Act of 1913, as amended.
5. That the amount to be assessed against each of the parcels
or subdivisions of land shown on the Amended Engineer's Report does
not exceed 75% of the market value of each of the properties assessed
after the construction of improvements; that the appraisal of the market
value of the properties to be assessed on file in these proceedings
is hereby adopted as the market values of each of said parcels.
6. 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 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
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improvements and acquisitions, plus incidental expenses, which each
of said lots, pieces or parcels of land has been assessed in said
Amended Engineer's Report.
7. Collections of assessments shall be made by the
Treasurer of the County of Marin.
8. 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 accordance with Section 10427 of the Streets and highways Code.
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, Miskimen, Mul ryan and Mayor Betti ni
NOES: Councilmen None
ABSENT: Councilmen None
MARION A. GRADY, City Clerk, City of
San Rafael, Marin County, California
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