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)