HomeMy WebLinkAboutResolution No. 4793RESOLUTION NO. 4793
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL CALLING A SPECIAL ELECTION TO SUBMIT THE QUESTION
OF ANNEXATION TO THE ELECTORS RESIDING IN CERTAIN INHABITED
TERRITORY PROPOSED TO BE ANNEXED TO THE CITY OF SAN RAFAEL
KNOWN AND DESIGNATED AS "COUNTRY CLUB ANNEXATION".
WHEREAS, Pursuant to and in accordance with provisions of the Annexation
Act of 1913, Article 2 (Commencing with Section 35100), Chapter 1, Part 2 of the
Government Code of the State of California, a sufficient petition was certified
and filed with the San Rafael City Council for the annexation of certain inhabited
territory designated as "Country Club Annexation" to the City of San Rafael;
and
WHEREAS, pursuant to Section 35120 of the Government Code of the
State of California, the City Council of the City of San Rafael by Resolution
No. 4608 set the 17th day of December, 1973, at 8:00 p.m. as the date and
time for the hearing of protests, said date and time was at the time and place
above stated continued to January 7, 1974, at 8:00 p.m. and
WHEREAS, Resolution No. 4638 adopted by the City Council of the City
of San Rafael on January 7, 1974, pursuant to the provisions of Section 35121.1
of the Government Code of the State of California, found that a majority protest
had been made as required by Section 35121 of the Government Code; and
WHEREAS, thereafter on the 17th day of July, 1974, the Court of Appeals
of the State of California, First Appellate District, found Sections 35121 and
35121. 1 of the Government Code to be unconstitutional and directed a Writ of
Mandate issue requiring the City of San Rafael to proceed with the annexation
of said territory; and
WHEREAS, Section 35122 of the Government Code of the State of California
requires that the Legislative Body of the City of San Rafael call a special election
without delay and submit to the electors residing in the territory proposed to be
annexed the question of whether it shall be annexed to and incorporated within
the City of San Rafael, and form a special assessment district within said
territory for the purpose of upgrading the water distribution system where
necessary; and
WHEREAS, the City Council hereby finds that the value of the territory
proposed to be annexed in the territory known as "Country Club Annexation"
does not equal one-half, or more, of that within the City of San Rafael, as
shown by the last equalized assessment rolls; and
WHEREAS, the City Council further finds that the number of qualified
electors in the said territory does not equal one-half, or more, of the number of
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qualified electors within the City of San Rafael as shown by the County
registration of voters;
NOW, THEREFORE, BE IT RESOLVED: That the City Council of the
City of San Rafael does hereby call a special election for Tuesday, the 5th
day of November, 1974, for submission to the electors residing in the
territory proposed to be annexed, designated and known as "Country Club
Annexation", the question of whether said territory shall be annexed to and
incorporated within the City of San Rafael, and the City form a special
assessment district in said territory for the purpose of upgrading the water
distribution system.
BE IT FURTHER RESOLVED: That if the vote is favorable for annexation,
said annexation shall be effective on the 1st day of December ,
1974.
I, MARION A. GRADY, City Clerk of the City of San Rafael, hereby
certify that the foregoing Resolution was duly and regularly introduced and
adopted at a regular meeting of the City Council of said City held on the 5th
day of August, 1974, by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bett i n i
MARION A. GRADY, Cit Clerk
2.