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Home My WebLink AboutCC Resolution 2688RESOLUTION NO. 2G 008 RESOLUTION AND ORDER APPROVING ENGINEER'S REPORT, AS AMENDED, ORDERING THE CONSTRUCTION OF IMPROVE- MENTS AND CONFIRMING THE ASSESSMENT, LOCH LOMOND HIGHLANDS UNIT ONE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL . COUNTY OF M-ARIN , CALIFORNIA - WHEREAS, on the lst day of October, 1962, the City Council of the City of San Rafael adopted its Resolution of In- tention for the construction of certain public improvements in Loch Lomond Highlands Unit One Assessment District, City of San Rafael, County of Marin, State of California, and referred said improvements to the Engineer of Work for said assessment dis- trict; and WHEREAS, on the lst day of October, 1962, the said Engi- neer 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 Ist 1may oOctober, 1962, the said City Council adopted said Engineer's Report and firmed Monday, the 5th day of Novez.be.r, 1962, 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 hea_4-r, protests wit- relation to said proposed construction of s uescriheJ said report and as the time and pomace for hearingprotests -:,cordance with the provis -oz.s of Charter Ordi _ ance No. 590L, and zo, said _.as o? u -ion hereinabove men- tioned a 'Notice Ofi;_'_1''�rGve�_:C;'_�'i: "Wa S ui11y �:1� i�S'-:c d in San Rafael INDEPENDENT JTOURN.4�L, diving notice of the time of said hearings; and -N-HEREAS, at the time set for hearing t -fie protests and ob j ectic , no protests or objections, written or oral were pre- sented to the Citi- Counci 1 of the City of San NOWT T' F_i' L ONtE , 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 construction of improvements and to be assessed -to pay the costs and expenses thereof, and the exterior boundaries thereof,'is more particu- larly described in the Resolution of Intention hereinabove re- ferred 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 assessments to be here- after levied and collected to cover the costs and expenses of said construction of improvements. 2. That the Engineer of Work has filed an Amended En- gineer's Report, including an assessment diagram; that the Engi- neer's estimate of the itemized and total estimated cost of said construction of improvements 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 construc- tion of improvements. 3. That the public convenience and interest require, and said City Council hereby orders, the construction of improve- ments 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 construction of improvements, and also for further particulars pursuant to the provisions of said Municipal Improvement Act of 1913 as amended. 4. The City Council of the City of San Rafael does hereby levy and apportion upon each and every lot, piece and par- cel of land within the boundaries of the assessment district the amount by which each said lot, piece or parcel of land is bene- fited by the construction 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 -2- 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 boundar- ies of said district is benefited in the amount and in the pro- portion of the total cost of the construction 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 construction of improvements and the final amount of the incidental expenses is less than is shown in the Assessment hereby confirmed, then the balance remaining in the Improvement Fund for said bonds shall be applied by the Treasurer of the City of San Rafael toward the reduction of assessments 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 5th day of November, 1962, by the following vote, AYES: Councilmen Aby, Haar, Jensen, ftary and Mayor Mduis NOES: Councilmen ABSENT: Councilmen Vh 4 MORGAN to wit: L . ,`_0'_Zv<�.:� City C l e r:c 9 7 City of San Rafael, County of Marin, California. W. C. CORN ELL MUM &ITY CLERK -3- (SEAL)