HomeMy WebLinkAboutCC Resolution 6998 (Kerner Blvd Assessment District)RESOLUTION NO. 6998
RESOLUTION RESCINDING RESOLUTION NO. 6800
AND APPROVING AGREEMENT WITH THE SAN RAFAEL
SANITATION DISTRICT
Kerner Boulevard Assessment District
The City Council of the City of San Rafael resolves:
Resolution No. 6800, entitled "Resolution approving
Agreement with the San Rafael Sanitation District", adopted by
the City Council of San Rafael on May 7, 1984, is hereby rescinded.
This Council hereby approves agreement dated January 7,
1985, between the CITY OF SAN RAFAEL and the SAN RAFAEL SANITATION
DISTRICT, attached to this resolution.
The Mayor is authorized to sign the agreement and the
City Clerk is authorized to attest its execution.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael,
California, hereby certify that the foregoing resolution was duly
and regularly introduced and adopted at a regular meeting of the
Council of said City held on the 7th day of January, 1985, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom &
Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
J NE M. LEON*City Clerk
ORIGINAL
A G R E E M E N T
THIS AGREEMENT, made and entered into this Seventh
day of January , 1985, by and between the SAN RAFAEL SANI-
TATION DISTRICT, hereinafter referred to as "District," and the
CITY OF SAN RAFAEL, a municipal corporation of the State of
California, hereinafter referred to as "City;"
W I T N E S S E T H:
1. District is a County Sanitation District in the City
of San Rafael, Marin County, California, duly formed and organized
under the provisions of Section 4700 et seq of the Health and Safety
Code of the State of California.
2. The public interest and convenience require the in-
stallation by City, and maintenance, operation and use by District
of the sewage pumpinafacilities 'for and within the Kerner Boulevard
Assessment District, City of San Rafael, Marin County, California.
It is proposed that said facilities be installed by City pursuant
to special assessment proceedings under appropriate special assess-
ment and assessment bond acts, and that after such installation,
the ownership, maintenance and operation of two sanitary sewer pump
stations within said system shall be under the management and con-
trol of District.
3. Plans and specifications for said sanitary sewer pump
stations have been prepared by Oberkamper & Associates, which said
firm has been appointed Project Engineer in said proceedings. Said
plans have been submitted to and approved by District Engineer.
It is agreed that all of said work shall be installed in accordance
with the plans and specifications approved by District Engineer
as hereinbefore referred to, and that said plans and specifications
are hereby approved by District. No changes in said plans and spe-
cifications may be made without the prior written consent of Dis-
trict.
4. It is agreed that the construction of the pump stations
herein provided shall be accomplished through an assessment district
and that City shall pay to District from funds raised in the assess-
ment district all fees and charges to be paid pursuant to this agree-
ment. The estimated construction cost of said pump stations is
$149,200.00, of which the amount payable to District is $ -0- and
the estimated amount of the fees and charges payable directly to
District is $ -0- .
5. District may at all times maintain an inspector over
the work of installation of the pump stations to see that plans and
specifications have been complied with, and the City and its
engineers shall cooperate with the District's inspector, or inspec-
tors, in the duties incident to design or construction. After com-
pletion and acceptance of the work, City will cooperate with District
in the enforcement of any guarantee made by the contractor in
contractor's agreement to perform the work.
6. Any rights of way or interests in real property on
which the pump stations are located shall vest in District. All other
interests in real property shall be owned by the City.
7. After the work has been completed to the satisfaction
of District and District has furnished to City written notice of
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its acceptance, the sanitary sewer pump stations so installed shall
be the property of District and part of its system, and thereafter
District may make extensions therefrom and install connections
thereto at any point or points thereon. They shall be operated,
maintained and managed by District as part of such system under the
rules and regulations and subject to the rates and charges of Dis-
trict from time to time established.
8. District shall not be obligated to extend, without
charge, its mains and facilities within the boundaries of the
assessment district, and any future extension of mains, facilities
and appurtenances shall be under the rules and regulations and sub-
ject to the rates and charges from time to time established by
District.
9. It is agreed that the signature of all parties to
this agreement is based upon and predicated upon consummation of
special assessment district proceedings providing for a sufficient
assessment to pay the money herein agreed to be paid District and,
also, to pay all costs and expenses of said proceedings. It is
agreed that City is signing this agreement solely as agent and
trustee for the property owners within the area described in the
agreement; that it is assuming no direct liability for payment of
said money or the expenses of acquisition and construction of
said system, and that its only liability and responsibility is
that of conducting the special assessment proceedings referred
to in the form provided by law. It is also understood by all
k_1
parties that City cannot pledge itself in advance that said special
assessment proceedings will give the City jurisdiction to confirm
the assessment and that all terms and provisions of this agreement
are subject to said special assessment proceedings being consum-
mated. City is to pay sums to be paid pursuant to this agreement
only out of moneys in said special assessment district proceedings
and out of no other funds.
ATTEST:
Secretary ;` }
ATTEST:
ity C erk �.
SAN RAFAEL SANITATION DISTRICT
By . t�I-(�tQ
Chairman
CITY OF SAN RAFAEL, a municipal corporation
of the State of California
By e- --
Mayor �
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RESOLUTION N0. 623
RESOLUTION RESCINDING RESOLUTION NO. 593
AND AUTHORIZING EXECUTION OF AGREEMENT
BETWEEN THE CITY OF SAN RAFAEL AND THE
SAN RAFAEL SANITATION DISTRICT IN CONNECTION
WITH THE KERNER BOULEVARD ASSESSMENT DISTRICT,
CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
BE IT RESOLVED by the Board of Directors of the San Rafael
Sanitation District as follows:
The Chairman of the Board is hereby authorized to sign, and
the Secretary is authorized to attest, that certain agreement bewteen
the City of San Rafael and the San Rafael Sanitation District, which
said agreement is attached hereto.
I HEREBY CERTIFY that the foregoing resolution was duly and
regularly adopted by the Board of Directors of the San Rafael Sanitation
District, Marin County, California, at a regular meeting thereof, held
on the Mth day of January, 1985, by the following vote, to wit:
AYES: Directors Frugoli and Mulryan
NOES: None
ABSENT: Director Rouniguiere
ATTEST:
Secretary I1
1
ialrman, Board of Directors'
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