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HomeMy WebLinkAboutCC Resolution 4545RESOLUTION NO. 4545 RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITIONS TO BE MADE AND DESCRIBING PROCEEDINGS TO BE TAKEN, TERRA LINDA VALLEY (OAK HILL) OPEN SPACE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA WHEREAS, petitions for the acquisition of open space to be made by special assessment proceedings were filed with the City Clerk of the City of San Rafael, Marin County, California, on the 18th day of June, 1973; and WHEREAS, a certificate was signed by Ely Caillouette, City Engineer of the City of San Rafael, on the 18th day of June, 1973, certifying that the petitions hereinabove referred to were signed by the owners of more than sixty per cent (60%) of the property described in said petition; and WHEREAS, a map designated, "Proposed Boundaries of Terra Linda Valley (Oak Hill) Open Space Assessment District, City of San Rafael, County of Marin, State of California," showing the boundaries of the proposed assessment district, was filed with the City Clerk of the City of San Rafael on the 18th day of June, 1973, which said map was approved by the City Council of the City of San Rafael on the 18th day of June, 1973; and WHEREAS, on the 18th day of June, 1973, the City Council of the City of San Rafael adopted a resolution calling a public hearing as to the public convenience and necessity of the acquisitions to be made, and for which reasonable notice was given by publication, mailing and posting; and WHEREAS, said hearing was set for the 16th day of July, 1973, at the hour of 8:00 o'clock P.M., and was continued from time to time to the 20th day of August, 1973, at the hour of 8:00 o'clock P.M. of said day; and WHEREAS, on the 20th day of August, 1973, said hearing was held; and WHEREAS, this Council has heard and considered all the evidence, both oral and written, relative to the public convenience and necessity of the acquisitions; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael, Marin County, California, as follows: 1. That the public convenience and necessity require the acquisitions in the Terra Linda Valley (Oak Hill) Open Space Assess- ment District, City of San Rafael, Marin County, California, and further determines that the Special Assessment Investigation, Limit- ation and Majority Protest Act of 1931 shall not apply to these assessment proceedings. 2. It is hereby ordered and determined that assessment district proceedings shall be instituted in accordance with the terms of the petition above referred to. 3. It is hereby found, determined and ordered that ELY CAILLOUETTE, City Engineer, shall be Engineer of Work. It is further ordered that Sturgis, Den -bulk, 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 entered into with said firm on the 18th day of June, 1973. 4. Said district shall be known and designated as "Terra Linda Valley (Oak Hill) Open Space Assessment District, City of San Rafael, Marin County, California." 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 thereof, is that district shown on the map described in Paragraph 3 hereof. 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. -2- 7. The owners of more than sixty per cent (60%) of the property within the boundaries of said proposed assessment district have waived all investigation proceedings -under the Special Assess- ment Investigation, Limitation 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 20th day of August, 1973, by the following vote, to wit: AYES • Councilmen Jensen, M i sk i•men , Mu 1 ryan , Nixon and Mayor Bett i n i . NOES: Councilmen None. ABSENT: Councilmen None. MARION A. GRADY, City Clerk, City of San Rafael, Marin County, California -3-