HomeMy WebLinkAboutCC Resolution 254872101VZ ��cF
RESOLUTION AND ORDER APPROVING ENGINEER'S REPORT
ORDERING THE ACQUISITION OF.IMPROVEMENTS AND CON-
FIRMING THE ASSESSMENT, ,BITE OAKS tiNIT TWO
ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, COUNTY OF
MARIN, CALIFORNIA. _
WHEREAS, on the 2nd day of October, 1961, the City Council
of the City of San Rafael adopted its Resolution of Intention for
the acquisition of certain public improvements in White Oaks Unit
Two Assessment District, City of San Rafael, County of Marin, State
of California, and referred said improvements to the Engineer of
Work for said assessment district; and
WHEREAS, on the 2nd day of October, 1961, the said Engineer
of Work filed an Engineer's Report, Assessment and Diagram in
accordance with said resolution, and said report was presented to
the City Council for consideration; and
WHEREAS, on the 2nd day of October, 1961, the said City
Council adopted said Engineer's Report and fixed Monday, the 6th
day of November, 1961, 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, San Rafael, California, as the time and
place for hearing protests with relation to said proposed acquisition
of improvements described in said report and as the time and place for
hearing protests in accordance with the provisions of Charter Ordinance
No. 590; and
WHEREAS, pursuant to said resolution hereinabove mentioned,
a Notice of Improvement was duly published in the San Rafael
INDEPENDENT JOURNAL, giving notice of the time of said hearings; and
WHEREAS, at the time set for hearing the protests and
objections, no protests or objections, written or oral, were presented
to the City Council of the City of San Rafael;
WHEREAS, on the 6th day of November, 1961, the City Council
of the City of San Rafael, Marin County, California, continued the
hearings and the consideration of the Engineer's Report, Assessment
and Assessment Diagram to Monday, the 20th day of November, 1961, at
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the hour of 8:00 o'clock p.m. at the regular meeting place of the
City Council of the City of San Rafael, located in the City Hall,
San Rafael, California; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of San Rafael that this City Council does hereby find,
determine and order as follows:
1. That the district benefited by said acquisition of
improvements and to be assessed to pay the costs and expenses thereof,
and the exterior boundaries thereof, is more particularly described
in the Resolution of Intention 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 function as such, shall be omitted from said special as-
sessments to be hereafter levied and collected to cover the costs and
expenses of said acquisition and construction of improvements.
2. That the Engineer of Work has filed an Amended Engineer's
Report, including an assessment diagram; that the Engineer's estimate
of the itemized and total estimated cost of said acquisition of im-
provements and of the incidental expenses in connection therewith
contained in said Report be, and the same is hereby, finally adopted
and approved as the Engineer's total and detailed estimate of the
costs and expenses of said acquisition of improvements.
3. That the public convenience and interest require, and
said City Council hereby orders, the acquisition of improvements to
be made as described in, and in accordance with, said Resolution of
Intention on file with the City Clerk of the City of San Rafael and
the Amended Engineer's Report on file herein, reference to both of
which is hereby made for a more particular description of said
acquisition of improvements, and also for further particulars pursuant
to the provisions of said Municipal Improvement Act of 1913 as amended.
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4. 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 distrl.ct the amount
by which each said lot, piece or parcel of land is benefited by
the acquisition of improvements. 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 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 acquisition of improvements
which each of said lots, pieces or parcels of land has been assessed
in said Amended Engineer's Report.
5. In the event the final cost of the acquisition of im-
provements and the final amount of the incidental expenses is less than
is shown in the Assessment hereby confirmed, then the balance remain-
ing in the Improvement Fund for said bonds shall be applied by the
Treasurer of the City of San Rafael toward the reduction of assess-
ments in proportion to the amounts thereof, in accordance with the
provisions of Section 10427 of the Streets and Highways Code of the
State of California.
I HEREBY CERTIFY that the foregoing Resolution was duly
and regularly adopted by the City Council of the City of San Rafael,
California, at a regular meeting thereof, held on the 20th day of
November, 1961, by the following vote, to wit:
AYES: Councilmen A4 Saar, Jensen, Denary -and favor VolnniL.
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NOES: Councilmen`�-
ABSENT: Councilmen L
W L. MORGAN
W. C. CRNWELV \ W • L. MORGAN, City Clerk,
DEPUTY ITY CLERK City of San Rafael, County of Marin,
California.
(SEAL)