HomeMy WebLinkAboutCC Resolution 2828RESOLUTION NO. 'Y Y
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT,
CONFIRMING THE ASSESSMENT AND ORDERING THE WORK
AND ACQUISITIONS
NORTHGATE INDUSTRIAL PARK, UNIT ONE
RESOLVED, by the City Council of the City of San Rafael,
California, that
WHEREAS, on the 4th day of March, 1963, said Council adopted
its Resolution of Intention No. 2749 to acquire and construct
public improvements in said City and referred the proposed acquisi-
tions 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
pi:_rpose;
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 this 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) plans and specifications of the proposed improve-
ments, (2) general description of works and appliances already
installed, (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
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proceedings under said Act, whereupon said Council pursuant to
the requirements of said Act, appointed Monday, the 15th day of
July, 1963, 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 acqui-
sitions and .improvements, and directing the City Clerk of this
City to give notice of said hearing as required by said Act;
WHEREAS, it appears that notice of said hearing was 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 hearing was duly and
regularly held at the time and place stated in said notice; and
WHEREAS, no persons interested, objecting to said acquisitions
and improvements, or to the extent of the assessment district, o_r-
to the proposed assessment or diagram, or to the maps and descrip-
tions, or to the Engineer's estimate of the costs and expenses
thereof, filed written protests with the Clerk of this City at or
before the time set for hearing, and all persons interested des.'r•-
ing to be heard were given an opportunity to be heard, and all
matters and things pertaining to said acquisitions and improve-,
ments were fully heard and considered by said Council, and this
Council has acquired 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 hearing, file written protests against the said proposed
acquisitions and improvements as a whole, or against the said dis•.
trict or the extent thereof to be assessed for the costs and
expenses of said acquisitions and improvements as a whole, or as
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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.
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
hereof by reference thereto. That all public streets and highways
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 hereafter
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, be, and they are hereby,
finally adopted and approved as the plans and specifications to
which said work shall be done as called for in said Resolution
of Intention.
4. That the general description of the works and appliances
already installed and any other property necessary or convenient
for the operation of the improvements, contained in said report,
be, and the same are hereby, finally approved and confirmed.
5. 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, 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.
6. That the diagram showing the assessment district referred
to and described in said Resolution of Intention, and also the
boundaries and dimensions of the respective subdivisions of land
within said district as the same existed at the time of the passage
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of said Resolution of Intention, each of which subdivisions 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.
7. 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, be, and
the same is hereby, finally approved and confirmed as the assess-
ment to pay the costs and expenses of said acquisitions and
improvements.
8. That said Engineer's report be, and the same is hereby,
finally adopted and approved as a whole.
9. That the City Clerk shall forthwith deliver to the
Superintendent of Streets the said assessment, together with said
diagram thereto attached and made a part thereof as confirmed by
this Council, with his certificcate of such confirmation thereto
attached and of the date thereof; and that said Superintendent of
Streets shall record said diagram and assessment 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 recorda-
tion shall be and constitute the assessment roll herein.
10. That said Superintendent of Streets, upon the recording
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 address so appears,
a statement containing a designation by street number or other
description of the property assessed sufficient to enable the
owner to identify the same, the amount of the assessment, the
time and place of payment thereof, the effect of failure to pay
within such time, and a statement of the fact that bonds will be
issued on the unpaid assessments pursuant to the Improvement Act
of 1911, the last installment of which shall mature nineteen (19)
years from the second day of January next succeeding the next
September 1st following their date.
11. That said Superintendent of Streets shall also give
notice by publishing a copy of a Notice to Pay Assessments by ten
successive insertions in the San Rafael Independent -Journal, a
newspaper published in said City, that said assessment has been
recorded in his office and that all sums assessed thereon are due
and payable immediately, and that the payment of said sums is to
be made thirty days after the date of recording said assessment,
which date shall be stated in said notice, and of the fact that
bonds will be issued upon unpaid assessments as above provided.
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 Sa Rafael, California, at a meeting
thereof held on the
.r/7
`_ __ day of 1963, by the
following vote of the members thereof :
AYES, and in favor thereof, Councilmen:
Aby, gaar, Baffler, Jensen, and Mayor McInnis.
NOES, Councilmen:
ABSENT, Councilmen:
Deputy City
1
rk of/the City of San ,Ra
APPROVED:
IQ:5 t
Mayor
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