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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 l Iq i µjtC INA I... 1J • 9 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 K 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 K 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 4 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 5 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 A 1-1 ity of S') i 19 ae