HomeMy WebLinkAboutCC Resolution 3221RESOLUTION NO. 3 Y) I
RESOLUTION AND ORDER APPROVING AMENDED ENGINEER'S REPORT AND
AMENDED ASSESSMENT.AND ORDERING THE CONSTRUCTION OF IMPROVEMENTS
AND ACQUISITION OF•PROPERTY IN FRANCISCO BOULEVARD ASSESSMENT
DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
WHEREAS, on February 18, 1963, the City Council of the City of
San Rafael, Marin County, California, adopted its Resolution of Intention
No. 2740 for the construction of improvements and acquisition of property
in Francisco Boulevard Assessment District, City of San Rafael, Marin
County, California, and referred said improvements and acquisition of
property to the Engineer of Work for said Francisco Boulevard Assessment
District; and
WHEREAS, on the 21st day of December, 1964, the Engineer of Work
filed an Engineer's Report, Assessment and Diagram in accordance with
said Resolution of Intention, and said Report was presented to the City
Council of the City of San Rafael for consideration; and
WHEREAS, on the 21st day of December, 1964, the City Council of
the City of San Rafael preliminarily adopted said Engineer's Report
and fixed Monday, the lst day of February, 1965, 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 pro-
posed improvements; and
WHEREAS, pursuant to said Resolution hereinabove mentioned a ,
Notice of Improvement was duly published giving notice of the time of
hearing on said report; and
WHEREAS, on the 1st day of February, 1965, at the hour of 8:00
o'clock P.M. of said day, said hearing was held, and the hearing and the
consideration of the Engineer's Report and Assessment and the bids for
the doing of the work and improvement were continued from time to time to
the 22-nd day of March, 1965; and
WHEREAS, on the 15th day of March, 1965, the City Council of the
City of San Rafael directed the filing of an Amended Engineer's Report
and Amended Assessment to conform to the low bid received;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of San Rafael, Marin County, California, as follows:
1. That the district benefited by the construction of improvements
and acquisition of property, and to be assessed to pay the costs and ex-
penses thereof, is more particularly set forth and described in the Reso-
lution of Intention hereinabove referred to and made a part hereof by
reference thereto. That all public streets and highways within said
district, the same being in use in the performance of a public function
as such, shall be omitted from said district and from the levy and collec-
tion of the special assessments to be hereafter levied and collected to
cover the costs and -expenses of said improvements.
2. The City Council hereby finds that a public hearing, for which
reasonable notice has been given, by publication, posting and mailing,
has been held as to the construction,of improvements and acquisition of
property in the above described assessment district, and all protests have
been overruled.
3. That the plans and specifications for the proposed improvements
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 Int-ention.-
4. That the second amended estimate of cost of the itemized and
total estimated costs and expenses of said construction of improvements
and ac-quisition of property and of the incidental expenses in connection
therewith, which said report is on file with the City Clerk of the
City of San Rafael be, and it is hereby, finally adopted and approved as
the Second Amended Engineer's Estimate of Cost.
5. That the public convenience and interest require, and said
City Council hereby orders, the improvements to be made and property to
be acquired as described in, and in accordance with, said Resolution of
Intention on file with the City Clerk of the City of San Rafael, refer-
ence to which is hereby made for a more particular description of said
improvements, and also for further particulars pursuant to the provi-
sions of said Municipal Improvement Act of 1913, as amended.
6. 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 district the amount which said
-2-
lots, pieces or parcels of land, or subdivisions of land, are bene-
fited by the improvements. The amount of the assessment which is
levied and apportioned upon each and every lot, piece and parcel or
subdivision of land within the boundaries of the assessment district
is shown on the amended assessment attached to and made a part of the
Amended Engineer's Report adopted by this resolution. The City Council
of the City of San Rafael does hereby find and determine 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 improvements, plus incidental expenses, which each of
said lots, pieces or parcels of land has been assessed in said Amended
Engineer's Report.
7. In the event the final cost of the 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 Improvement Fund for said bonds shall be applied by the Treasurer
of the City of San Rafael toward the reduction of assessments in pro-
portion to the amounts thereof, in accordance with the provisions of
Section 10427 of the Streets and Highways Code of the State of
California.
8. Collections of assessments shall be made by the City
Treasurer of the City of San Rafael.
I HEREBY CERTIFY that the foregoing resolution was duly and
regularly introduced and adopted at an ad.iourned regular meeting of
the City Council of the City of San Rafael held on the -22nd day of
March, 1965, by the following vo to wit:
AYES: Councilmen Az �d
NOES: Councilmen
CP
ABSENT: Councilmen
W. CLH .<D CORn, 4ELL, ty Cleric,
City or San Rafael,
Marin County, Califo.ia
(SEAL)