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HomeMy WebLinkAboutCC Resolution 7158 (Sun Valley Open Space Assessment District)RESOLUTION NO. 7158 RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS AND SETTING TIME AND PLACE OF HEARING SUN VALLEY OPEN SPACE ASSESSMENT DISTRICT The City Council of the City of San Rafael resolves: 1. Petition for the improvements to be made by special assessment proceedings within the boundaries of the map entitled, "Proposed Boundaries of Sun Valley Open Space Assessment District, City of San Rafael, Marin County, California," which said map is on file in the office of the City Clerk of the City of San Rafael, is incorporated herein by this reference as though fully set forth herein. 2. The Certificate of the Project Engineer, dated July 3, 1985, certifying that the petition hereinabove referred to was signed by the owners of more than sixty percent (60%) of the area of the property described in said petition, is incorporated herein by this reference as though fully set forth herein. 3. It is hereby found, determined and ordered that the Director of Public Works of the City of San Rafael shall be the Engineer of Work. It is further ordered that Nute Engineering shall be the Project Engineer in accordance with the terms and conditions of said engineer's contract to be entered into. It is further ordered that Sturgis, Ness, Brunsell & Sperry a professional corporation, Attorneys at Law, Emeryville, California, shall be Special Bond Counsel to prepare all proceedings in accordance with the terms and conditions of the contract to be entered into. 4. Said district shall be known and designated as Sun Valley Open Space Assessment District, City of San Rafael, Marin County, California. 5. The district which shall bear the cost and expenss of said improvements, including all incidental expenses, and which is to be assessed to pay for the cost thereof, is that district shown on a map which is on file in the office of the City Clerk of the City of San Rafael, which is designated, "Proposed Boundaries of Sun Valley Open Space Assessment District, City of San Rafael, Marin County, California". 6. Said special assessment district proceedings are to be taken under the provisions of the Municipal Improvement Act of 1913, with bonds to be issued under the provisions of the Improvement Bond Act of 1915. 7. The owners of property within the boundaries of said proposed district have waived all investigation proceedings under the Special Assessment Investigation, Limitation and Majority Protest Act of 1931. 8. Monday, September 16, 1985, at 8:00 P.M., is hereby fixed as the day and hour, and the Council Chambers of the City Council located at 1400 Fifth Avenue, San Rafael, California, as the _ place, when and where any and all persons interested may appear and show cause why the City Council should not find and determine that the public convenience and necessity require the said proposed improvements to be made in said proposed assessment district, without compliance with the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931. 9. The time and place of hearing shall be given in accordance with the provisions of Ordinance No. 590 of the City Council of the City of San Rafael. 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 5th day of August, 1985, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli j. JEA Edi. LEONCINI, City Clerk 2