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HomeMy WebLinkAboutCC Resolution 3253RESOLUTION NO . -dyx �3
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT,
CONFIRMING THE ASSESSMENT AND ORDERING THE
ACQUISITIONS, AND ORDERING THE FORMATION OF THE
SAN RAFAEL CAYES DRAINAGE MAINTENANCE DISTRICT
SAN RAFAEL CAYES
RESOLVED, by the City Council of the City of San Rafael,
California, that
WHEREAS, on the 15th day of March, 1965, said Council adopted
its Resolution of Intention No. 320+ to acquire public improvements
in said City, and referred the proposed acquisitions to the Engineer
of Work of said City, he being the officer having charge and control
of the acquisition of improvements in and for said City of the kind
described in said Resolution of Intention, and being a competent
person appointed by said Council for that purpose;
WHEREAS, said Council thereby directed said Engineer to make
and file with the City Clerk of said City a report in writing in
accordance with and pursuant to the Municipal Improvement Act of
1913;
WHEREAS, said report was duly made and filed with the City
Clerk of said City, whereupon said Clerk presented it to the 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, includ-
ing (1) a general description of the works and appliances already
installed and any other property necessary or convenient for the
operation of the improvements, (2) estimate of costs, (3)diagram
of district, and (4) 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 determined
that it should stand as the report for all subsequent proceedings
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under said Act, whereupon said Council, pursuant to the require-
ments of said Act, appointed Monday, the 19th day of April, 1965,
at the hour of 8:00 o'clock P.M. of said day, in the regular meet-
ing place of said Council, Council Chambers, City Hall, San Rafael,
California, as the time and place for hearing protests in relation
to said proposed acquisitions and improvements, and directing the
City Clerk to give notice of said hearing as required by said Act;
WHEREAS, on October 7, 1963, this Council adopted its Resolu-
tion No. 2867, A Resolution of Intention to Form San Rafael Cayes
Drainage Maintenance District;
WHEREAS, said Council appointed Monday, the 19th day of April,
1965, at the hour of 8:00 o'clock P.M. of said day, at the regular
meeting place of said Council, City Hall, San Rafael, California,
as the time and place when and where the Council would consider the
matter of forming said Maintenance District or the extent thereof,
and directed that notice of said hearing be included in the notices
to be made for the formation of the assessment district;
WHEREAS, it appears that notices of said hearings were duly
and regularly posted, mailed and published in the time, form and
manner required by law, as evidenced by the affidavits on file with
said City Clerk, whereupon said hearings were duly and regularly
held at the time and place stated in said notices; and
WHEREAS, no persons interested, objecting to said acquisitions
and improvements, or to the extent of the assessment district, or
to the proposed formation of said assessment district and said
maintenance district, or to the proposed assessment or diagran, or
to the general descriptions, or to the grades at which said work
was done, or to the Engineer's estimate of the costs and expenses
thereof, filed written protests with the City Clerk at or before the
time set for hearing, and all persons interested desiring to be
heard were given an opportunity to be heard, and all matters and
things pertaining to said acquisitions and improvements and the
formation of said maintenance district were fully heard and
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considered by said Council, and said Council has acquired jurisdiction
to order said acquisitions and the confirmation of said diagram and
assessment to pay the costs and expenses thereof, and to order the
formation of the San Rafael Cayes Drainage Maintenance District; and
WHEREAS, the California Districts Securities Commission, pursuant
to Section 38901 of the Government Code, has provided this Council with
a financial feasibility report containing the information specified in
Sections 20042 and 20044 of the Water Code, and this Council has duly
considered said report;
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
as a whole, or against the said district or the extent thereof to be
assessed for the costs and expenses of said acquisitions as a whole, or
as to the Engineerls estimate of said costs and expenses and final acqui-
sition cost, or against the descriptions, or against the diagram or
assessment to pay the costs and expenses thereof, or against the forma-
tion of said assessment district and said maintenance district.
2. That the district benefited by said acquisitions and to be
assessed to pay the costs and expenses thereof, and the exterior bounda-
ries thereof, are more particularly described in said Resolution of
Intention No. 320+ 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 assessment 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.
3. 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.
4. That the Engineer's estimate of the itemized and total costs
and expenses of said acquisitions and of the incidental expenses in
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connection therewith, and the final acquisition cost, contained in said
report, be, and they are hereby, finally adopted and approved as the
Engineer's total and detailed estimate of the costs and expenses of
said acquisitions and final acquisition cost.
5. That the public interest and convenience require, and this
Council does hereby order the acquisitions to be made as described in
and in accordance with said Resolution No. 3204 on file in the office
of the City Clerk, reference to which is hereby made for a more particu-
lar description of said acquisitions and also for further particulars
pursuant to the provisions of the Municipal Improvement Act of 1913.
6. That the diagram showing the assessment district referred to
and described in said Resolution of Intention No. 3204, 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 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 proper-
ties to be assessed to pay the costs and expenses of said acquisitions.
7. That the assessment of the total amount of the costs and
expenses of said acquisitions 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 of the
expenses incidental thereto, contained in said report, be, and the
same is hereby, finally approved and confirmed as the assessment to
pay the costs and expenses of said acquisitions.
8. That said Engineer's report be, and the same is hereby,
finally approved and adopted as a whole.
9. That an assessment district is declared formed of the
area of the assessment district for the purpose of paying the costs
and expenses of the maintenance and operation of the reclamation
works, facilities and appurtenances, the exterior boundaries of
which shall be the coterminous exterior boundaries of the district
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described in said Resolution No. 2867, and to be designated the
San Rafael Cayes Drainage Maintenance District.
10. 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 certificate of such confirmation thereto
attached and of the date thereof; and that said Superintendent of
Streets shall forthwith record said diagram and assessment in his
office in a suitable book to be kept for that purpose, and such
recordation shall be and constitute the assessment roll herein.
11. 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
date of the recordation of said 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 unpaid assess-
ments pursuant to the Improvement Act of 1911, the last installment
of which bonds shall mature not to exceed fourteen (14) years from
the second day of January next succeeding the next September 1st
following their date.
12. That said Superintendent of Streets shall also cause
Notice to Pay Assessments to be published in ten (10) successive
issues of the San Rafael Independent Journal, a newspaper pub-
lished and circulated in said City, that said assessment has been
recorded, that all sums assessed thereon are due and payable im-
mediately, and that the payment of said sums is to be made within
thirty (30) days after the date of recording said assessment, which
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date shall be stated in said notice, and of the fact that bonds
will be issued upon unpaid assessments as above provided.
13. That filings pursuant to Sections 5+900 and following
of the Government Code of the State of California of the formation
of the San Rafael Cayes Drainage Maintenance District shall be
made with each, the County Assessor of the County of Marin and the
State Board of Equalization.
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 San Rafael, California, at a meeting thereof
held on the f day of Jt-�1965, by the following
vote of the members thereof:
AYES, and in favor thereof, Councilmen:
Aby, Baan, Jensen, aid A*fflf I�eIfIBI
NOES, Councilmen:
ABSENT, Councilmen:
APPROVED:
Mayoe
�G-
y Clerk, of
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