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HomeMy WebLinkAboutCC Resolution 7143 (Sun Valley Open Space Assessment District)RESOLUTION NO. 7143 RESOLUTION REQUESTING JURISDICTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF MARIN SUN VALLEY OPEN SPACE ASSESSMENT DISTRICT The City Council of the City of San Rafael resolves: The City Council proposes to adopt a Resolution of Intention, a copy of which is annexed hereto, marked Exhibit A, and by reference incorporated herein as though fully set forth. A portion of the property proposed to be assessed lies within the unincorporated territory of the County of Marin. The area of the County of Marin which lies within the proposed assessment district will, in the opinion of the City Council of the City of San Rafael, be benefited by the improvements referred to in the proposed Resolution of Intention, and the purposes sought to be accomplished by the work can best be accomplished by a single, comprehensive scheme of work. The Resolution of Intention, attached as Exhibit A, is hereby adopted as the proposed Resolution of Intention for the improvement referred to. The consent of the County of Marin, through its Board of Supervisors, is hereby requested to the formation of the district described in said Resolution of Intention, to the improvement described, and to the assumption of jurisdiction by this City Council for all purposes in connection with the formation of this assessment district, the improvements to be made and the assessment of property within the boundaries of the proposed district. The City Clerk is hereby directed to transmit a certified copy of this resolution with the proposed Resolution of Intention attached, and a certified copy of the map showing the boundaries of the district, to the Clerk of the Board of the County of Marin. ORIGINAL 7/46 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 15th day of July, 1985, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli., Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None J M. LEONCINI, ity Clerk 2 RESOLUTION NO. RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN SUN VALLEY OPEN SPACE ASSESSMENT DISTRICT 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: The acquisition of real property for the purpose of preserving and maintaining it for hiking, picknicking and open space use by the public. This Council finds that the land specially benefited by the improvement is shown within the boundaries of the map entitled, "Proposed Boundaries of Sun Valley Open Space Assessment District, 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 Sun Valley Open Space Assessment District, 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. This Council orders that a portion of the cost of the improvement shall be paid from the general fund of the City, and that the balance of the cost shall be paid by other contribution or specially assessed. 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 (12%) per annum, EXHIBITA 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 nineteen years 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. 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 the Public Works Director of the City of San Rafael as Engineer of Work for this project, and Nute Engineering as Project Engineer, and directs the preparation of the report required by Section 10204 of the Streets and Highways Code. The amount of any surplus remaining in the improvement fund after completion of the improvement and payment of all claims shall be disbursed in accordance with the provisions of Section 10427 of the Streets and Highways Code. 2