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Home My WebLink AboutCC Resolution 2589RESOLUTION NO. S RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS FOR THE ACQUISITION OF IMPROVEMENTS IN OAK WOODLANDS UNIT TWO ASSESSMENT DIS- TRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA, AND SETTING TIME AND PLACE OF HEARING FOR DETERMINING PUBLIC CONVENIENCE AND NECESSITY FOR THE ACQUISITION OF SAID IMPROVEMENTS BE IT RESOLVED by the City Council of the City of San Rafael, Marin County, California, as follows: 1. The petition of MARIN CAPITAL COMPANY, a corporation, for the acquisition of improvements 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 Acquisi- tion and Construction of Improvements in Oak Woodlands Unit Two, San Rafael, California", which said map is on file in the office of the City Clerk of theCity of San Rafael, Marin County, California, is in- corporated herein by this reference as though fully set forth herein. 2. The certificate of BALA & STRANDGAARD, registered civil engineers, dated May 7, 1962 , certifying that the petition hereinabove referred to was signed by the owners of one hundred per cent (100%) in area of the property described in said petition, that said property owners have waived all proceedings under the Special Assessment 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 reference 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 accor- dance 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 BALA & STRANDGAARD shall be Engineer of Work in accordance with the terms and -1- conditions of the petition hereinabove referred to which is on file with the proceedings. It is further 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 peti- tion hereinabove referred to. 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 and Construction of Improvements in Oak Woodlands Unit Two, 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 of the City of San Rafael 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. 28lq-� 7. That Monday, the-.21-st day of May , 1962, at the hour of 8:00 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 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 Oak Woodlands Unit Two Assess- ment District, City of San Rafael, Marin County, California, without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931. -2- 8. The City Clerk of the City of San Rafael is hereby directed to give notice of the time and place of said hearing in con- formity with the requirements of Ordinance No. 590 of the City Council of the City of San Rafael. I HEREBY CERTIFY th$t 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 7th day of May 1962, by the following vote, to wit: AYES: Councilmen Any. Saar, je rn, ga'2MIZ f Uid IM'WX t4d"ni� NOES: Councilmen ABSENT: Councilmen_ !N: L: MORGAN L. MORGAN, City Cle34 City of San Rafael, Marin County, California. dt,(SEAL} C. C� ff i`gvv'ELL "EV Y CITY CLERK —3—