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HomeMy WebLinkAboutCC Resolution 2536RESOLUTION OF INTENTION N0 . , �3(� IN THE MATTER OF THE ACQUISITION OF IMIPROVEMENTS IPI WHITE OAKS UNIT. TWO ASSESSMENT DISTRICT, SAN RAFAEL,.MARIN.COUN_TY,,CALIFORNIA 'AND _SETTING TIME AND PLACE OF FEARING THEREON. BE IT RESOLVED by the City Council of the City of San Rafael, Marin County, California, that it is the intention of said City Council to order the following acquisition in the City of San Rafael, County of Marin, State of California, to wit: Construction of the street improvements including paving, curb and gutter and sidewalk, monuments, catch basins and street signs; concrete stairs, walks and hand rail in the pedestrian walkway; storm sewers and appurtenances; sanitary sewers and appurtenances and water mains and appurtenances on the dedicated streets as shown on the subdivision maps and in public easements for White Oaks Unit Two Subdivision. BE IT FURTHER RESOLVE that said improvements to be acquired have been and are'to'be constructed in the said streets, avenues, roads, lanes, courts, places and/or public ways hereinabove described, of the dimensions, materials, and in the particular loca- tions as set forth and shown in the improvement plans and specifica- tions for the improvement which have been heretofore approved by this City Council and the City Engineer of the City of ,San Rafael for the improvement of White Oaks Unit Two Subdivision, which subdivision is identical with the assessment district herein created and herein referred to. That the structures and work and improvements herein described have been constructed and shall be constructed to the grades, sub -grades and elevations severally to be shown upon the plans and profiles and detailed drawings thereof"' in the respective locations thereof, which said grades are hereby adopted and established as the official grades therefor for all purposes in connection with these proceedings. BE IT FURTHER RESOLVED that the City Council hereby finds that said acquisition of improvements are of more than local or ordinary public benefit and that therefore said City Council hereby makes the expenses and costs of said acquisition of improvements chargeable upon a district, which said district said City Council hereby declares the district benefited by the acquisition of improve- ments herein described; said district shall include that territory in the City of San Rafael, County of Marin, California, which is shown on that certain map on file in the office of the City Clerk of the City of San Rafael, and which is entitled and described, "Map Showing Boundaries of District Proposed to be Assessed for the Acquisition of Improvements White Oaks Unit Two Assessment District in the City of San Rafael, California", and which said map indicates by a boundary line the extent of the territory included in the pro- posed district and covers all details as to the extent of the area to be assessed; said map is by this reference, incorporated herein and made a part hereof. Excepting from the area shown and delineated on said map hereinabove referred to, the area of all public streets, avenues, lanes, roads, drives, courts, places, public parks, and all easements and rights of way therein contained belonging to the public, and also all property owned by the City of San Rafael, the County of Marin, State of California and the United States of America, contained therein, now in use in the performance of a public function. NOTICE IS HEREBY GIVEN that serial bonds shall be issued in the manner and form provided in Part 5, Division 7, of the Streets and Highways Code of the State of California (Improvement Act of 1911) to represent unpaid assessments of Fifty Dollars (50.00) or over, which said bonds shall bear interest at the rate of six per cent (60) per annum and the last installment of which bonds shall mature fourteen (14) years from the 2nd day of January next succeeding the next -2- September 1st following their date. Said bonds shall be payable to bearer, and may be redeemed as provided in the Improvement Act of 1911, and there shall be added to the redemption clause in said bonds the following words: " ..together with a premium of five per cent .(5%) of said unpaid principal." Proceedings for all work shall be taken pursuant to the Municipal Improvement Act of 1913, except in those instances where reference is specifically made to steps to be taken pursuant to the procedure provided by Charter Ordinance No. 590 of the City Council of the City of San Rafael. The bonds hereinabove described shall be issued under the Improvement Act of 1911. BE IT FURTHER RESOLVED that, in accordance with the provisions of Sections 10203 and 1020+ of the Streets and Highways Code, being a part of the Municipal Improvement Act of 1913, the matter of the acquisition of improvements herein referred to is hereby referred to GEORGE S. NOLTE, Engineer of Work, and the persons employed by this City Council for the purpose of having charge and control of the public improvements described in this resolution. Said GEORGE S. NOLTE is hereby directed to make and file with the City Clerk of the City of San Rafael a report in writing containing the following: (a) Plans and specifications of the proposed improve- ment if the improvement is not already installed. (b) A general description of works or appliances already installed and any other property necessary or convenient for the operation of the improvement, if the works, appliances or property are to be acquired as part of the improvement. (c) An estimate of the cost of the improvement and of the cost of lands, rights of way, easements, and incidental expenses in connection with, the improvement. (d) A diagram showing the assessment district and the boundaries and dimensions of the subdivisions of land within the district as they existed at the time of the passage of the Resolution of Intention. Each subdivision shall be given a separate number upon the diagram. (e) A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the several subdivisions of land in the district in proportion to the estimated benefits to be received by such subdivision, respectively, from the improvement. BE IT FURTHER RESOLVED that if any excess shall be realized from the proceeds of the assessment and/or bonds issued to represent the same, it shall be applied as a credit to each assess- ment levied pursuant to said provisions of the Municipal Improvement Act of 1913 in proportion to the amount of each of said assessments. 71 NOTICE IS HEREBY FURTHER GIVEN that Monday, the day ' t of „h�Pi�l,Gv✓; 1y6_l, at the hour of o'clock F.M. of said day at the meeting place of the City Council of the City of San Rafael, located in the City Hall at Fifth and "A" Streets, San Rafael. California, are the time and place appointed and fixed by said City Council for hearing protests with relation to the acquisition of said proposed improvements; that any person interested in said acquisition of improvements may object to ordering the acquisition of said im- provements; objection may be made to the grades and claim may be made of consequential damages resulting from the nature of the work to be done; objection may be made to an assessment, the extent of the district or the legality of any act or proceeding of the City Council of the City of San Rafael or its officers, agents or employees. Such objections and claims must be made in writing, in the form required by the provisions of Charter Ordinance No. 590 of the City Council of the City of San Rafael, Marin County, California and must be filed with. the City Clerk of the City of San Rafael, California at or before the hour set for hearing thereon. 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 2nd day of October, 1961, by the following vote, to wit: AYES: Councilmen, NOES: Councilmen ABSENT: Councilmen W. L. MORGAN City of San Rafa�, Marin County, State of California. (fiF.A r.1