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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Agreement with the San Rafael Sanitation District", adopted by the City Council of San Rafael on May 7, 1984, is hereby rescinded.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 N 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 � 4 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' VT