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HomeMy WebLinkAboutCC Resolution 2618RESOLUTION NO. A RESOLUTION AND ORDER DETERMINING CONVENIENCE AND NECESSITY, ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS MARIN BAY IMPROVEMENT DISTRICT NO. 2 RESOLVED, by the City Council of the City of Sara Rafael, California, that WHEREAS, on the 19th day of March, 1962, said Council adopted its Resolution of Intention No. 2576 to acquire and/oto construct public improvements in said. City and referred the proposed acqui- sitions and improvements to the Engineer of Work of .said City) he being the officer having charge and control, of the construction of improvements in and for said City of the kind described therein and being a competent person appointed by said Council for that purpose; WHEREAS, said Council thereby directed said Engineer of. Work to make and file with the City Clerk of said City a report In writing in accordance with and pursuant to the Municipal Improve- ment Act of 1913; WHEREAS, said report was duly made and filed with the City Clerk of said City., whereupon said Clerk presented it to this Council for consideration; WHEREAS, said Council thereupon duly considered said report and each and every part thereof and found that it contained all the matters and things called for by the provisions of said Act, including (1) maps and descriptions of lands and easements to be acquired, (2) plans and specifications of the proposed improve- ments, (3) estimate of costs., (4) diagram of district, and (5) an assessment according to benefits, all of which was done in the 'form and manner required .by said Act, WHEREAS, said Council found that said report and each and every part thereof was sufficient in every particular and deter- mined that it should stand as the report for all subsequent pro- ceedings under said Act, whereupon said Council, pursuant to the requirements of said Act, appointed Monday, the 18th day of June, 1962, at the hour of 8:00 o'clock P.M.of said day, in the Council Chambers, City Hall, San Rafael, California, as the time and place for hearing protests in relation to said proposed acquisi- tions and improvements, and directing the City Clerk of said City to give notice of said hearing as required by said Act; WHEREAS, on the 28th day of May, 1962, this Council adopted its Resolution No. 2607, A Resolution of Preliminary Determination and of Intention to Make Changes and Modifications, Marin Bay Improvement District No. 2, wherein said Council determined that the public interest, convenience and necessity required and that it was the intention of said Council to make certain changes and modifications in the proceedings conducted pursuant to said Reso- lution of Intention, which changes and modifications were therein particularly described, and wherein Monday, the 18th day of June, 1962, at the hour of 8:00 o'clock P.M. in the regular meeting place of said Council, Council Chambers, City Hall, San Rafael, California, were fixed as the time and place where and when said Council would consider the matter of making said changes and modifications and whether or not the public interest, convenience and.necessity required said changes and modifications; WHEREAS, pursuant to said Resolution No. 2607, the Engineer of Work has filed a Supplement to Engineer's Report and Assessment; WHEREAS, it appears that notices of said hearing were duly and regularly posted, mailed and published in the time, form and manner required by said Act, as evidenced by the affidavits on file with said City Clerk, whereupon said hearings were duly and regularly held at the time and place stated in said notices; and WHEREAS, no persons interested, objecting to said acquisi- tions and improvements, or to the extent of the assessment district, or to the proposed assessment or diagram, or to the maps and descriptions, or to the grades at which said work will be done, or to the Engineer's estimate of the costs and expenses thereof, or to the proposed changes and modifications, filed written protests with the Clerk of said City at or before the time set for hearing, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said acquisitions and improvements and to the question of whether the public interest, convenience and necessity required said changes and modifications were fully heard and considered by said Council, and said Council has ac- quired jurisdiction to order said acquisitions and improvements and the confirmation of said diagram and assessment to�pay the, costs and expenses thereof. NOW, THEREFORE, said Council does hereby FIND, DETERMINE and ORDER, as follows: 1. That the owners of one-half of the area to be assessed for the cost of the project did not, at or prior to the time fixed for'said hearings, file written protests against the said proposed acquisitions and improvements as a whole, or against the said district or the extent thereof to be assessed'forr the costs and expenses of said acquisitions and improvements as a whole, or as to the Engineer's estimate of said costs and expenses, or against the -maps and 'descriptions, or against the diagram or assessment to pay for the costs and expenses'thereof, or to said proposed changes and modifications. 2. That the district benefited by said acquisitions and improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries`thereof, are more particu- larly'described in said Resolution of Intention and made a part fC' hereof by reference thereto. That all public streets and high- ways within said assessment district in use in the performance of a public function as such shall be omitted from said district and from the levy and collection of the special taxes to be here- after levied and collected to cover the costs and expenses of said acquisitions and improvements. 3. That the plans and specifications for the proposed improvements, contained in said report, as modified, be, and they are hereby, finally adopted and approved as the plans and speci- fications to which said work shall be done as called for in said Resolution of Intention. 4. That the Engineer's estimate of the itemized and total costs and expenses of said acquisitions and improvements, and of the incidental expenses in connection therewith, contained in said report, as modified, be, and it is hereby, finally adopted and approved as the Engineer's total and detailed estimate of the costs and expenses of said acquisitions and improvements. 5. That the maps and descriptions of the lands, easements and property to be acquired, as contained in said report, as modified, be, and the same are hereby, finally approved and confirmed. 6. That the public interest and convenience require, and said Council does hereby order the acquisitions and improvements to be made as described in and in accordance with said Resolution of Intention on file in the office of the City Clerk of said City, as modified, reference to which is hereby made for a more particu- lar description of said acquisitions and improvements, and also for further particulars pursuant to the provisions of said Municipal Improvement Act of 1913• 7. ' That the diagram showing the assessment district re- ferred to and described in said Resolution of Intention, and also the boundaries and dimensions of the respective subdivisions of 4 land within said district as the same existed at the time of the passage of said Resolution of Intention, each of which subdivi- sions having been given a separate number upon said diagram, as contained in said report, be, and it is hereby, finally approved and confirmed as the diagram of the properties to be assessed to pay the costs and expenses of said acquisitions and improvements. 8. That the assessment of the total amount of the costs and expenses of the proposed acquisitions and improvements upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by said subdivisions, respectively, from said acquisitions and improvements, and of the expenses incidental thereto, as contained in said report, as modified, be, and the same is hereby, finally approved and con- firmed as the assessment to pay the costs and expenses of said acquisitions and improvements. 9. That said Engineer's report, as modified, be, and the same is hereby, finally adopted and approved as a whole. 10. That the City Clerk shall forthwith deliver to the Superintendent of Streets the said assessment, as modified, to- gether with said diagram thereto attached and made a part thereof, as confirmed by this Council, with his certificate of such con- firmation thereto attached and of the date thereof; and that said Superintendent of Streets shall record said diagram and assess- ment in his office in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording.. and such recordation shall be and constitute the assessment roll herein. 11. That said Superintendent of Streets, upon the record- ing of said diagram and assessment, shall mail to each owner of real property within the assessment district at his last known address as the same appears on the tax rolls of the City or on file in the office of the City Clerk, or to both addresses if said address is not the same, or to the general delivery when no dress so appears, a statement containing a designation by street mber or other description of the property assessed sufficient enable the owner to identify the same, the amount of the assess-- nt, the time and place of payment thereof, the effect of failure pay within such time, and a statement of the fact that bonds ill be issued on the unpaid assessments pursuant to the Improve- ent Act of 1911, the last installment of which bonds shall ature fourteen (14) years from the second day of January next ucceeding the next September 1st following their date, 12. That said Superintendent of Streets shall also give otice by publishing a copy of a Notice to Pay Assessments by ten uccessive insertions in the San Rafael Independent -Journal, a ewspaper published in said City, that said assessment has been ecorded in his office and that all sums assessed thereon are due nd payable immediately, and that the payment of said sums is to e made thirty (30) days after the date of recording said assess- ent, which date shall be stated in said notice, and of the fact hat bonds will be issued upon unpaid assessments as above pro- ided. I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City,of San Rafael, California, at a meeting hereof held on the day of v;,,�- 1962, by the ollowing vote of the members thereof: _4 114-4-1 AYES, and in favor thereof, Councilmen: NOES, Councilmen: ABSENT, Councilmen: City Clerk o e, -City of San-Ra:of el Mavor G