HomeMy WebLinkAboutCC Resolution 7637 (Canal Dredginf Assessment District)RESOLUTION NO. 7637
RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN
SAN RAFAEL CANAL DREDGING ASSESSMENT DISTRICT NO. 2
The City Council of the City of San Rafael resolves:
This Council intends to order the following improvement
under the authority of the Municipal Improvement Act of 1913:
Additional dredging of the areas of the San Rafael Canal
lying on either side of the Corps of Engineers dredged
main channel to insure a 120 -foot wide navigable channel
equidistant from the shores of waterway. The work will
extend from San Rafael Bay to the Grand Avenue Bridge.
This Council finds that the land specially benefited by
the improvement is shown within the boundaries of the map entitled,
"Proposed Boundaries of San Rafael Canal Dredging Assessment
District No. 2, City of San Rafael, Marin County, California." This
map has been approved by the City Council and is now on file with
the City Clerk. The land within the exterior boundaries shown on
the map shall be designated San Rafael Canal Dredging Assessment
District No. 2, City of San Rafael, Marin County, California.
This Council intends to levy a special assessment upon the
land within the described district in accordance with the special
benefit to be received by each parcel of land, respectively, from
the improvement. There shall be omitted from special assessment all
public streets, alleys and places and all land belonging to the
United States, the State of California, the County of Marin and this
City now in use in the performance of a public function.
Where any disparity occurs in level or size between the
improvement and private property, this Council determines that it is
in the public interest and more economical to eliminate the
disparity by doing work on the private property instead of adjusting
the work on public property. Accordingly, work may be done on
private property for this purpose with the written consent of the
landowner.
Serial bonds representing unpaid assessments, and bearing
interest at a rate not to exceed twelve percent (120) per annum,
will be issued in the manner provided by the Improvement Bond Act of
1915 (Division 10, Streets and Highways Code), and the last
installment of the bonds shall mature not more than four (4) years
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from the second day of September next succeeding twelve (12) months
from their date.
The procedure for the collection of assessments and
advance retirement of bonds under the Improvement Bond Act of 1915
shall be as provided in Part 11.1, Division 10, of the Streets and
Highways Code of the State of California.'
The City will not obligate itself to advance available
funds from the city treasury to cure any deficiency which may occur
in the bond redemption fund. A determination not to obligate itself
shall not prevent the city from, in its sole discretion, so
advancing funds.
This Council finds that the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931
(commencing with Section 2800, Streets and Highways Code) does not
apply to these proceedings.
This Council appoints David Bernardi, Director of Public
Works of the City of San Rafael, as Engineer of Work for this
project, and directs the preparation of the report required by
Section 10204 of the Streets and Highways Code.
In the opinion of this Council, the public interest will
not be served by allowing owners of assessable lands to enter into a
contract for the work of improvement as otherwise permitted in
Section 20485 of the Public Contract Code.
The amount of any surplus remaining in the improvement
fund after completion of the improvement and payment of all claims
shall be transferred to the general fund if the surplus does not
exceed the lesser of one thousand dollars ($1000) or five percent
(5%) of the total amount expended from the fund. Otherwise the
entire surplus shall be applied as a credit on the assessment as
provided in Section 10427.1 of the Streets and Highways Code.
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I, JEANNE M. LEONCINI, Clerk of the City of San Rafael,
California, hereby certify that the foregoing resolution was duly
and regularly introduced and adopted at a regular meeting of the
Council of said City held on the 19th day of October, 1987, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Frugoli, Nave, Willms & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
JEAIDkZ. LEONAI, pity Clerk
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