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.
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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
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