HomeMy WebLinkAboutCC Resolution 2762k�
RESOLUTION NO.
RESOLUTION AND ORDER APPROVING THIRD A1tiIw_.NDED ENGINEER'S
REPORT, ORDERING THE ACQUISITION AND CONSTRUCTION OF IMPROVE-
MENTS AND CONFIRMING THE ASSESSMENT IN CHULA VISTA ASSESSMENT
DISTRICT, CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF
CALIFORNIA
WHEREAS, on the 6th day of August, 1962, the City Council of the
City of San Rafael adopted its Resolution of Intention for the acquisi-
tion and construction of certain public improvements in Chula Vista
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 7th day of December, 1962, the said City Council
adopted said Engineer's Report as amended and fixed Monday, the 7th day
of January, 1963, 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 and con-
struction of improvements described in said report; 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 hearing on said report; and
WHEREAS, certain owners of property liable to be assessed for
said work and improvement made written protests or objections and
delivered the same to the City Clerk not later than the hour set for
hearing such objections; and
WHEREAS, at the time set for hearing the protests and objections,
the said City Council of the City of San Rafael proceeded to hear the
same and continued said hearing from time to time thereafter to the 4th
day of March, 1963; and
WHEREAS, on the 18th day of February, 1963, the City Council of
the City of San Rafael adopted Resolution No. 2737, being a Resolution
of Intention to amend the proceedings in said Chula Vista Assessment
District in the matter of the assessment boundaries and the proposed
method of spreading the costs of the improvements in said assessment
district against the properties located within the boundaries of said
assessment district; and
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WHEREAS, said Resolution No. 2737 fixed the 4th day of March,
1963, at the hour of 8:00 o'clock P.M. as the time for hearing protests
against the amendment of the boundaries of said assessment district and
against the proposed change in the method of assessment of the cost of
the improvements against the properties located within the boundaries
of said assessment district; and
WHEREAS, said Resolution No. 2737 directed the Engineer of Work
to file a Second Amended Engineer's Report and Assessment and assessment
diagram with the City Clerk of'the City of San Rafael; and
WHEREAS, on the 4th day of March, 1963, said City Council adopted
Resolution No. 2757, which resolution directed the Engineer of Work to
file a third amended Engineer's Report and set forth the intention of
said City Council to amend the Engineer's Report in the matter of
performance of certain work and improvements, specifically the exten-
sion of certain sewer lines in said assessment district, and which
resolution fixed the 18th day of March, 1963, at the hour of 8:00
o'clock P.M. as a time for hearing protests against the proposed addi-
tional sewer line improvements; and
WHEREAS, at the time set for hearing the protests and objections
the said City Council of the City of San Rafael proceeded to hear the
same and all of the protests and objections having been heard and duly
considered; and
WHEREAS, on the 18th day of March, 1963, the City Council of the
City of Sar. Rafael, by its '`solutions No.,)-Zo , 1\'o. and No.
overruled said protests and objections,
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 and construc-
tion 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
in the Third Amended Engineer's Report 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
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performance of a public function as such, shall be omitted from said
special assessments 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 a Third Amended Engin-
eer's Report, including an assessment diagram; that the Engineer's es-
timate of the itemized and total estimated cost of said acquisition
and construction of improvements and of the incidental expenses in con-
nection therewith contained in said Third Amended 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
and construction of improvements.
3. That the public convenience and interest require, and said
City Council hereby orders, the acquisition and construction 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 Third Amended Engineer's Report on file herein, reference
to both of which is hereby made for a more particular description of
said acquisition and 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, place and parcel of land within
the boundaries of the assessment district the amount by which each said
lot, piece or parcel of land is benefited by the acquisition and con-
struction 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 Third Amended Engineer's Report
adopted by this Resolution. The City Council hereby finds and deter-
mines that each of said lots, pieces or parcels of land within the
boundaries of said district is benefited in the amount and in the pro-
portion of the total cost of the acquisition and constructions of improve-
ments which each of said lots, pieces or parcels of land has been
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assessed in said Third A mended Engineer's Report.
5. In the event the final cost of the acquisition and construc-
tion of improvements and the final amount of the incidental expenses is
less than is shown in the Amended Assessment hereby confirmed, then
the balance remaining in the Redemption 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.
BE IT FURTHER RESOLVED that all collections of assessments
shall be made by the Treasurer of the City of San Rafael.
I HEREBY CERTIFY that the foregoing Resolution was duly and
regularly acopted by the City Council of the City of San Rafael,
County of Marin, State of California, at a -regular meeting thereof,
held on the 18th day of March, 1953, by the following vote, to wit:
AYES: Councilmen Aly, Baar, Jensen, Menary and Mayor'Mclnalss
NOES: Councilmen-
ABSENT:
ouncilmen
ABSENT: Councilmen yam. - ``
W; L: MORGAN
l
riT. L. M—ORGAN, City Clerk,
City of San Rafael, County of
Marin, State of California.
(SEAL)
0
W. C. C NWELL — Deputy ity Clerk,\.,
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