Loading...
HomeMy WebLinkAboutCC Resolution 6738 (Peacock Gap Improvement District)[PG -4] CITY OF SAN RAFAEL PEACOCK GAP IMPROVEMENT DISTRICT RESOLUTION NO. 6738 RESOLUTION OF INTENTION WHEREAS, in accordance with prior proceedings duly had and taken, the City Council of the City of San Rafael (the "City") has declared its intention to and has determined to undertake proceedings pursuant to the Municipal Improvement Act of 1913 and issue bonds in said proceedings under the provisions of the Improvement Bond Act of 1915 for the acquisition and construction in the City of the public improvements more particularly described in Exhibit A, attached hereto and incorporated herein and made a part hereof, in and for an assessment district in the City designated Peacock Gap Improvement District; and WHEREAS, this City Council, by resolution duly adopted, appointed the Director of Public Works of the City as Engineer of Work in said proceedings and authorized and directed such person to do and perform or cause to be done Y and performed all engineering work necessary in and for said proceedings, including the preparation of plans and specifications for said improvements and the descriptions of the acquisitions, together with estimates of costs thereof, and the preparation of a map of the assessment district, an assessment diagram, and an assessment, and the supervision of the work; and WHEREAS, the public interest, necessity, conve- nience and general welfare will be served thereby; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael, as follows: Section 1. The foregoing recitals are true and correct and this City Council so finds and determines. Section 2. The public interest, necessity, con- venience and general welfare require the acquisition and construction of the improvements hereinafter described in the assessment district hereinafter described. Section 3. It is the intention of this City Council to order the foregoing public improvements to be made in the City in an assessment district designated "Peacock Gap Improvement District," the exterior boundaries of which are hereinafter specified and described in Section 4 hereof. Said improvements shall be made pursuant to the Municipal Improvement Act of 1913. It is the further intention of this City Council to enter into agreements with Marin Municipal Water District and Pacific Telephone and Telegraph Company 2 (Pacific Telesis Company) and Pacific Gas and Electric Company and Viacom Cablevision pursuant to which title to certain of said improvements will be transferred to such utilities or agencies and such utilities or agencies will use, operate, maintain and manage said improvements so transferred as a part of their utility systems. Section 4. This City Council hereby declares that the territory within the boundaries hereinafter specified and described is the assessment district to be benefitted by said improvements and to be assessed to pay the cost and expenses thereof; that the cost and expenses of said improvements shall be made chargeable upon said assessment district; and that the exterior boundaries of said assessment district are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerk of the City approved by Resolution No. 6737 adopted by this City Council on February 6 , 1984, entitled "Boundaries of Peacock Gap Improvement District, City of San Rafael, County of Marin, California," which said map indicates by a boundary line the exterior boundaries of the territory included in said assessment district and shall govern for all details as to the extent of said assessment district. Section 5. Those parcels more particularly described in Exhibit B, attached hereto and incorporated herein and made a part hereof, and all public streets, alleys, easements and rights-of-way shall be omitted from the 3 assessment to be made to pay the cost and expenses of said improvements. Section 6. This City Council hereby determines and notice is hereby given that serial bonds to represent unpaid assessments, and to bear interest at the rate of not to exceed twelve per cent (12%) per annum, will be issued hereunder in the manner provided by Division 10 of the Streets and Highways Code, the Improvement Bond Act of 1915, and the last installment of the bonds shall mature a maximum of nineteen (19) years from the 2nd day of July next succeeding 10 months from their date. This City Council hereby further determines and notice is hereby further given that the principal amount of the bonds maturing each year shall be other than an amount equal to an even annual proportion of the aggregate principal of the bonds, and the amount of principal maturing in each year plus the amount of interest payable in that year will be an aggregate amount that is approximately equal each year, which annual aggregate amounts may vary one from another in amounts not exceeding in any year more than five per cent (5%) of the total principal amount of the bonds; except for the moneys falling due on the first series of the bonds which shall be adjusted to reflect the amount of interest earned from the date when the bonds bear interest to the date when the first interest is payable on the bonds, and except for the second series of the bonds which may reflect a lesser principal amount. This City 4 Council hereby further determines and notice is hereby further given that it proposes to proceed under the alternative procedure authorized in Part 11.1 of said Improvement Bond Act of 1915 relative to collecting assessments and advance retirement of the bonds. This City Council hereby further determines and notice is hereby given that it proposes to include, as an additional expense of the proceedings, an amount not in excess of ten per cent (10%) of the total amount of assessments as a special reserve fund for the bonds, as authorized in said Improvement Bond Act of 1915, and that it proposes to sell the bonds at a discount not in excess of five per cent (5%) of the principal amount thereof. Section 7. After completion of said improvements and the payment of all claims from the improvement fund to be provided in the proceedings hereafter to be taken pursuant to this resolution, this City Council shall determine the amount of the surplus, if any, remaining in said improvement fund by reason of the assessment (and any supplemental assessment) levied for said improvements, and any such surplus shall be used as a credit on the assessment (as provided in Section 10427.1 of the Streets and Highways Code), except that the first $50,000 of any such surplus shall be used for the maintenance of said improvements (as provided in Section 10427(c) of the Streets and Highways Code). 5 Section 8. This City Council hereby determines that, in its opinion, the public interest will not be served by allowing the property owners to take the contract for the construction of said improvements. Section 9. This City Council hereby refers said proposed improvements to said Engineer of Work and hereby directs said Engineer of Work to make and file in writing a report containing the matters specified in Section 10204 of the Streets and Highways Code. The grade to which said improvements shall be made shall be that which is shown on the plans and profiles therefor (which may vary from the official grade established for any of the streets), to which reference is hereby made. PASSED AND ADOPTED this 6th day of February, 1984, by the following vote: AYES: Councilmembers:Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: Councilmembers: None ABSENT: Councilmembers: None ATTEST: City e k of the City of San Rafael [Seal] EXHIBIT A The engineering design for and the installation of a water storage facility to be owned and operated by Marin Municipal Water District, including pipelines, pressure stations, control fittings, valves, pumps, motors, easements and other interests in land, and associated appurtenances for such installation; The engineering design for, rights of way, in fee and by easement, and installation of a realignment and change of grade of San Pedro Road from a point near its intersection with Riviera Drive to a point near its intersection with Biscayne Drive, including grading, curbing and surfacing and relocation and subsurface water, sewer, and drainage lines; The acquisition of fee title for, and the improvement of, the Peacock Gap Neighborhood Park in conformance with Resolution No. 6479 of the City Council of the City of San Rafael; The engineering design for and installation of streets, curbs, sidewalks, sewer collection lines, water service lines and appurtenances to be owned and operated by Marin Municipal Water District, subsurface street telephone lines, conduits and appurtenances to be owned and operated by Pacific Telephone and Telegraph Company (Pacific Telesis Company), subsurface gas and electric lines, conduits and appurtenances to be owned and operated by Pacific Gas and Electric Company and subsurface conduits and wires to be owned and operated by Viacom Cablevision, including grading, curbing and surfacing, electroliers, traffic signing and controls and ornamental planting upon public property; all as the foregoing stated acquisitions and improvements relate to the land of N.Y.-Cal Industrial Corp., heretofore made the subject of a tentative map approved by the City of San Rafael; The engineering design for and installation of streets, curbs, sidewalks, sewer collection lines, water service lines and appurtenances to be owned and operated by Marin Municipal Water District, subsurface street telephone lines, conduits and appurtenances to be owned and operated by Pacific Telephone and Telegraph Company (Pacific Telesis Company), subsurface gas and electric lines, conduits and appurtenances to be owned and operated by Pacific Gas and Electric Company and subsurface conduits and wires to be owned and operated by Viacom Cablevision, including grading, curbing and surfacing, electroliers, traffic signing and controls and ornamental planting upon public property; all as the foregoing stated acquisitions and improvements relate to the land of San Rafael School District, heretofore made the subject of a tentative map approved by the City of San Rafael; The acquisition of fee title for, and the improvement of, the park shown on the tentative map of the lands of San Rafael School District heretofore approved by the City Council of the City of San Rafael. F. EXHIBIT B Al that real property situated in the City of San Rafael, County of Marin, State of California, more particularly described as follows: 1.) A 4.0 (plus or minus) acre parcel of land shown as "City Park" within the approved 41 lot subdivision entitled "Lands of N.Y. Cal. Industrial Corp." 2.) A parcel of land shown as "Park" within the approved 25 lot "Revised Tentative Map sands of San Rafael School District being portion lot 210 Marin Bay Unit One". 3.) A 2.9 (plus or minus) acre parcel of land (noted as Park Site to be dedicated to The City of San Rafael) within the approved 61 lot subdivision entitled "Peacock Gap Neighborhood One -B."