HomeMy WebLinkAboutCC Resolution 4544RESOLUTION OF INTENTION NO. 4544
IN THE MATTER OF THE ACQUISITIONS IN TERRA LINDA
VALLEY (OAK HILL) 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, that it is the intention of said Council
to order the following acquisitions to be made in Terra Linda Valley
(Oak l il.l) Open Space Assessment District, City of San Rafael, Marin
County, California, to wit:
The acquisition of real property for the purpose
of preserving it as open space.
BE IT RESOLVED that the City Council of the City of San
Rafael hereby makes the expenses and costs of said acquisitions
chargeable upon a district, which said district said Council hereby
declares the district benefited by the acquisitions herein described;
said district shall include that territory in the City of San Rafael,
Marin County, California, which is shown on that certain map on file
in the office of the City Clerk of the City of San Rafael, and which
is entitled and described,"Proposed Boundaries of Terra Linda Valley
(Oak Hill) Open Space Assessment District, City of San Rafael, County
of Marin, State of California," and which said map indicates by a
boundary line the extent of the territory included in the proposed
district and covers all details as to the extent of the area to be
assessed; said map is, by this reference, incorporated herein and
made a part hereof.
Excepting from the area shown and delineated on said map
hereinabove referred -to, the area of all public streets, avenues,
lanes, roads, drives, courts, places, public parks, and all easements
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and rights-of-way therein contained belonging to the public, and
also all property owned by the City of San Rafael, the County of
Marin, the State of California, or the United States of America,
contained therein, now in use in the performance of a public function.
NOTICE IS HEREBY GIVEN that serial bonds to represent unpaid
assessments, and bearing interest at the rate of not to exceed seven
per cent (7%) per annum, shall be issued herein in the manner provided
in Division 10 of the Streets and Highways Code, the Improvement
Bond Act of 1915, the last installment of which shall mature twenty-
four (24) years from the 2nd day of July next succeeding ten (10)
months from their date.
NOTICE IS HEREBY FURTHER GIVEN that the procedure for
collection of assessments and advance retirement of bonds under the
Improvement Bond Act of 1915 shall be as provided in Part 11.1, Divi-
sion 10, of the Streets and Highways Code of the State of California.
Proceedings for all work shall be taken pursuant to the
Municipal Improvement Act of 1913, and the bonds hereinabove described
shall be issued under the provisions of the Improvement Bond Act of
1915 as heretofore described.
BE IT FURTHER RESOLVED that in accordance with the pro-
visions of Sections 10203 and 10204 of the Streets and Highways Code,
being a part of the municipal Imorovement Act of 1913, the matter
of the acquisitions herein referred to is hereby referred to ELY
CAILLOUETTE, City Engineer, the person having charge and control
of the acquisitions described in this resolution. Said person is
hereby directed to make and file with the City Clerk of the City of
San Rafael a report in writing containing the following:
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a. Plans and specifications of the proposed improve-
ment if the improvement is not already installed;
b. A general description of the works or appliances
alreadv installed and any other property necessary
or convenient for the operation of the improvement,
if the works, appliances or property are to be
acquired as part of the improvement;
C. An estimate of the cost of the improvement and of
the cost of lands, rights -of. -way, easements and
incidental expenses in connection with the improve-
ment. If the legislative body in the resolution
of intention ordered that private utility damages
be included in the assessment, the report shall
contain an estimate of private utility damages;
d. A diagram showing the assessment district 'and the
boundaries and dimensions of the subdivisions of
land within the district as they existed at the
time of the passage of the resolution of intention.
Each subdivision, including each separate condomin-
ium interest as defined in Section 783 of the
Civil Code, shall be given a separate number upon
the diagram.
e. A proposed assessment of the total amount of the
cost and expenses of the proposed improvement
upon the several subdivisions of land in the
district in proportion to the estimated benefits
to be received by such subdivisions, respectively,
from the improvement. When any portion or percent-
age of the cost and expenses of the improvement
is ordered to be paid out of the treasury of the
municipality, pursuant to Section 10200, the
amount of such portion or percentage shall first
be deducted from the total estimated cost and
expenses of the improvement, and the assessment
upon property proposed in the report shall include
only the remainder of the estimated cost and
expenses. The assessment shall refer to the sub-
divisions by their respective numbers as assigned
pursuant to subdivision (d) of this section.
BE IT FURTHER RESOLVED that if any surplus remains in the
Improvement Fund after the completion of the improvements and the
payment of all claims from the Improvement Fund, said surplus shall
be distributed in accordance with Section 10427 of the Streets and
Highways Code.
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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
20th day of August, 1973, by the following vote, to wit:
AYES: Councilmen Jensen, Miskimen, MuIryan, Nixon and Mayor Bet tini.
NOES: Councilmen None.
ABSENT: Councilmen None.
MARION A. GRADY, City Clerk, City of
San Rafael, Marin County, California
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