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HomeMy WebLinkAboutCC Resolution 2534RESOLUTION NO. 3 RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS FOR THE ACI ;UISITION OF IMPROVEMENTS IN WFITE OAKS UNIT TWO ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA, AND SETTING TIME AND PLACE OF HEARING FOR DETERMINING PUBLIC CONVENIENCE AND NECESSITY FOR THE, ACQUISITION OF SAID IMPROVEDIENTS . BE IT RESOLVED by the City Council of the City of San Rafael, County of Marin, State of California, as follows: 1. The petition of WHITE OAKS COMPANY, a limited partner- ship; HARRY HEIFETZ, General Partner, for the acquisition of improve - meats by special assessment proceedings of the property within the boundaries of the map designated "Map Showing Boundaries of District Proposed To Be Assessed For The-AcqulsItion of Improvements, White Oaks Unit Two Assessment District in the City of San Rafael, California", which said map is on file in the office of the City Clerk of the City of San Rafael, County of Marin, State of California, is incorporated herein by this reference as though fully set forth herein. 2. The certificate of GEORGE S. NOLTE, registered civil engineer, dated October 2, 1961, certifying that the petition herein- above referred to was signed by the owners of one hundred per cent (1000) in area of the property described in said petition, that said property owners have waived all proceedings under the Special Assess- ment Investigation, Limitation and Majority Protest Act of 1931, and have requested special assessment proceedings for the improvements described in said petition, is incorporated herein by this referenov as though fully set forth herein. 3. It is hereby ordered and determined that the terms and conditions of said petition heretofore incorporated herein be, and they are hereby, accepted and that the acquisitions shall be made in accordance with the terms of said petition and that the assessment district proceedings shall be instituted and carried through in accordance with the terms of said petition. 4. It is hereby found, determined and ordered that GEORGE S. NOLTE shall be Engineer of Work in accordance with the terms and conditions of the ioetition hereinabove referred to which is on file with the proceedings. It isifurther ordered that STURGIS, DEN-DULK, DOUGLASS & ANDERSON shall be special bond counsel to prepare all proceedings in accordance with the terms and conditions of the petition hereinabove referred to, which is on file with these proceedings. 5. The district which shall bear�the cost and expenses of said acquisition of improvements, including all incidental expenses, and which is to be assessed to pay for the cost of said acquisition of improvements, is that district shown on a map which is on file in the office of the City Clerk of the City of San Rafael, which is designated "Map Showing Boundaries of District Proposed to Be Assessed For the Acquisition of Improvements White Oaks Unit Two Assessment District in the City of San Rafael, California". 6. The moneys received from the proceeds of assessments levied and bonds issued will be disbursed in accordance with the prayer of the petition and in accordance with the schedule of costs annexed thereto. Said moneys in payment of the acquisitions to be made shall be payable upon certification of the City Engineer and the Engineer of Work that said work has been completed in accordance with the City standards of the City of San Rafael. Said work shall be paid for as completed and certified and payment does not need to await completion of the entire project. 7. , That Monday, the /t; day of //.tt�r��.�4.,� 1961, at the hour of K.D'-6 o'clock P.M. of said day, is hereby fixed as the day and hour, and the meeting place of the City Council of the City of San Rafael, located in the City Hall at Fifth and "A" Streets, San Rafael, California, as the place when and where any and all persons -2- may appear and show cause why the City Council should not find and determine that the public convenience and necessity require the said proposed acquisition of improvements in White Oaks Unit Two Assessment District without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931. 8. The City Clerk is hereby directed to give notice of the time and place of said hearing in conformity with the require- ments of Ordinance No. 590 of the City Council of the City of San Rafael. I HEREBY CERTIFY that the foregoing Resolution was duly and regularly adopted by the City Council of the City of San Rafael, County of Marin, State of California, at a regular meeting thereof, held on the 2nd day of October, 1961, by the following vote, to wit: AYES: Councilmen Afy, Ru`3r3 hi S"!!, NOES:Councilmen ABSENT: Councilmen L.' MORGAN IST, .vYunty r , City of San za i a el of Marin, State of Californi 1XII (SEAL)