HomeMy WebLinkAboutCC Resolution 4650RESOLUTION NO. 4650
RESOLUTION AND ORDER APPROVING AMENDED ENGINEER'S
REPORT, ORDERING CONSTRUCTION OF IMPROVEMENTS AND
ACQUISITIONS AND CONFIRMING ASSESSMENT, MOORING
ROAD SEWER ASSESSMENT DISTRICT, CITY OF SAN RAFAEL,
MARIN COUNTY, CALIFORNIA
WHEREAS, on the 16th day of April, 1973, the City Council
of the City of San. Rafael, Marin County, California, adopted its
Resolution of Intention in Mooring Road Sewer Assessment District,
City of San Rafael, Marin County, California, for the construction
of improvements and acquisitions in said assessment district and
referred said proposed improvements and acquisitions to the City
Engineer of the City of San Rafael as Engineer of Work for said
assessment district; and
WHEREAS, on the 15th day of October, 1973, the said
Engineer of Work filed an Engineer's Report, Assessment and Assess-
ment Diagram in accordance with said Resolution, and said Engi-
neer's Report was presented to the City Council of the City of
San Rafael for consideration; and
WHEREAS, on the 15th day of October, 1973, the City Council
of the City of San Rafael preliminarily adopted said Engineer's
Report and fired Monday, the 19th day of November, 1973, 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,
1400 Fifth Avenue, San Rafael, California, as the time and place
for hearing protests with relation to said proposed improvements
and acquisitions; and
WHEREAS, pursuant to said Resolution hereinabove men-
tioned a Notice of Improvement was duly published, posted and mailed,
giving notice of the time and place of hearing on said Report;
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and
WHEREAS, on the 19th day of November, 1973, said hearing
was held and consideration of said matter was continued from time to
time to the 21st day of January, 1974; and
WHEREAS, on the 21st day of'January, 1974, said hearing
was held; and
WHEREAS, on the 21st day of January, 1974, the City Council
of the City of San Rafael directed the Engineer of Work to file an
Amended Engineer's Report; and
WHEREAS, on the 21st day of January, 1974, the Engineer of
Work filed with the City Clerk of the City of San Rafael an Amended
Engineer's Report;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of San Rafael, Marin County, California, that this Council does
hereby find, determine and order as follows:
1. That the district benefited by said improvements and
acquisitions and to be assessed to pay the costs and expenses thereof,
is more particularly described in the Resolution of Intention here-
inabove referred to and made a part hereof by reference thereto.
That all public streets and highways within said assessment 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 col-
lection of the special assessments to be hereafter levied and col-
lected to cover the costs and expenses of said improvements and acqui-
sitions.
2. That the plans and specifications for the proposed
improvements and acquisitions 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 Intention.
3. That the Amended Estimate of Cost of the itemized and
total estimated cost and expenses of the improvements and acquisitions,
and of the incidental expenses in connection therewith, which said
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Amended Estimate of Cost is on file with the City Clerk of the City
of San Rafael be, and it is hereby, finally adopted and approved
as the Engineer's total and detailed estimate of the costs and expen-
ses of said improvements and acquisitions.
4. That the public convenience and interest require, and
said Council hereby orders the improvements and acquisitions to be
made as described in, and in accordance with, said Resolution of
Intention, and the Amended Engineer's Report on file with the
City Clerk of the City of San Rafael, reference to both of which
is hereby made for a more particular description of said improvements
and acquisitions and also reference is hereby made to the provisions
of the Municipal Improvement Act of 1913, as amended.
5. 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 by which
each of said lots, pieces or parcels of land is benefited by the
improvements and acquisitions. The amount of the assessment which
is levied and apportioned upon each and every lot, piece and parcel
of land within the boundaries of the assessment district is as shown
on the assessment attached to and made a part of the Amended Engi-
neer's Report adopted by this Resolution. The City Council of the City
of San Rafael hereby finds and determines 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 and acquisitions, plus incidental expenses, which
each of said lots, pieces or parcels of land has been assessed in
said Amended Engineer's Report.
6. Collections of assessments shall be made by the County
Treasurer of the County of Marin.
7. In the event any surplus remains in the Improvement
Fund after the completion of the improvements and the payment of
all claims from the Improvement Fund, said surplus shall be distri-
buted in accordance with Section 10427 of the Streets and Highways
Code.
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I HEREBY CERTIFY that the foregoing resolution was duly and
regularly adopted by the City Council of the City of San Rafael, Marin
County, California, at a regular meeting thereof, held on the 21st
day of January, 1974, by the following vote, to wit:
AYES: Councilmen Jensen, M i sk i men , Mu 1 roan , Nixon and Mayor Rett i n i _
NOES: Councilmen None.
ABSENT: Councilmen None.
MARION A. GRADY, City Clerk, City of
San Rafael, Marin County, California
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