HomeMy WebLinkAboutCC Resolution 4507RESOLUTION NO. 4507
RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRE THE IMPROVEMENTS
AND ACQUISITIONS TO BE 14ADE AND DESCRIBING PROCEED-
INGS TO BE TAKEN, EAST SAN RAFAEL DRAINAGE ASSESS-
IIENT DISTRICT NO. 2, CITY OF SAN RAFAEL, 11ARIN
COUNTY, CALIFORNIA
WHEREAS, a public hearing, for which reasonable notice has
been given by publication, mailing and posting, has been held as to the
public convenience and necessity of the improvements and acquisitions
to be made in East San Rafael Drainage Assessment District No. 2, City
of San Rafael, Marin County, California; and
WHEREAS, this Council has heard and considered all the evi-
dence, both oral and written, relative to the public convenience and
necessity of the improvements and acquisitions;
NOW, THEREFORE, BE IT RESOLVED that this City Council
finds and determines that the public convenience and necessity require
the improvements and acquisitions in the East San Rafael Drainage
Assessment District No. 2, City of San Rafal, Marin County, California,
and further determines that the "Special Assessment Investigation, Limi-
tation and Majority Protest Act of 1931" shall not apply to these
assessment proceedings;
BE IT FURTHER RESOLVED by the City Council of the City of
San Rafael, Marin County, California, as follows:
1. Petition for the improvements and acquisitions to be
-made by special assessment proceedings within the boundaries of the
. map designated "Proposed Boundaries of East San Rafael Drainage Assess-
ment District No. 2, 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, Marin County, California, is incorporated herein by
this reference as though fully set forth herein.
2. The Certificate of Gonzalez & Oberkamper Civil Engineers,
Inc., dated the pith day of ,June, 1973, certifying that the petition
hereinabove referred to was signed by the owners of more than sixty
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per cent (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 ordered and determined that assessment
district proceedings shall be instituted in accordance with the terms
of said petition.
4. It is hereby found, determined and ordered that
Gonzalez & Oberkamper Civil Engineers, Inc. shall be Project Engineer
in accordance with the terms and conditions of contract entered into
with said firm. 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 contract previously entered into with said firm.
It is further ordered that Ely Caillobette, City Engineer of the
City of San Rafael, is hereby appointed as Engineer of Work for
said assessment district.
5. Said district shall be known and designated as
"Bast San Rafael Drainage Assessment District No. 2, City of San
Rafael, Marin County, California."
6. The district which shall bear the cost and expenses of
said improvements and acquisitions, including all incidental expenses,
and which is to be assessed to pay for the cost thereof, is that dis-
trict shown on map described in Paragraph 1 hereof.
7. 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 Act of
1911.
8. The owners of property within the boundaries of said pro-
posed district have waived all investigation proceedings under the
Special Assessment Investigation, Limitation and Majority Protest
Act of 1931.
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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
18th day of June, 1973, by the following vote, to wit:
AYES: Councilmen Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: Councilmen None
ABSENT: Councilmen None
O
MARION A. GRADY, City Clerk,
City of San Rafael, Marin County,
California
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