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HomeMy WebLinkAboutResolution No. 4744RESOLUTION NO. 4744 RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS FOR THE ACQUISITION OF REAL PROPERTY IN SANTA MARGARITA OPEN SPACE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA BE IT RESOLVED by the City Council of the City of San Rafael, Marin County, California, as follows: 1. Petition for the acquisitions by special assessment proceedings within the boundaries of the map designated, "Proposed Boundaries of Santa Margarita Open Space Assessment District, City of San Rafael, County of Marin, 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 ELY CAILLOUETTE, JR. dated the 6th day of May, 1974, certifying that the petition hereinabove referred to was signed by the owners of more than sixty per cent (600) 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 ordered and determined that the terms and conditions of said petition heretofore incorporated herein be, and they are hereby accepted; that the acquisitions shall be made in accordance with the terms of said petition; that the assessment district proceedings shall be instituted and carried through in accordance with the terms of said petition. 4. It is hereby found, determined and ordered that the City Engineer of the City of San Rafael shall be Engineer of Work. It is further ordered that STURGIS, DEN-DULK, DOUGLASS & ANDERSON, Attorneys at Law, Oakland, California, shall be Special Bond Counsel to prepare all proceedings in accordance with the terms and conditions of the contract to be entered into. 5. The district which shall bear the cost and expenses of said acquisitions, including all incidental expenses, and which is to be assessed to pay for the cost of said acquisitions 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 Santa Margarita Open Space Assessment District, City of San Rafael, County of Marin, California." 6. Said special assessment 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 petition hereinabove referred to and executed by the owners of more than sixty per cent (600) of the area located within the boundaries of said proposed assessment district contains a waiver of all proceedings under the Special Assessment Investigation, Limi- tation and Majority Protest Act of 1931. 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 17th day of June, 1974, by the following vote, to wit: AYES: Councilmen • Jensen, Mi skimen, Nixon and Mayor Rett i n i NOES: Councilmen: None ABSENT: Councilmen: Mul ryan MARION A. GRADY, City Clerk, City of San Rafael, Marin County, California -2-