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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 Y �rd�� 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.