HomeMy WebLinkAboutResolution No. 5163RESOLUTION NO. 5163
RESOLUTION FINDING AND DETERMINING THAT THERE IS
A SURPLUS IN THE FUND PROVIDED FOR THE IMPROVEMENTS
IN MOORING ROAD SEWER ASSESSMENT DISTRICT, CITY OF
SAN RAFAEL, MARIN COUNTY, CALIFORNIA, AND AUTHORIZING
DISTRIBUTION OF SAID SURPLUS
WHEREAS, it was provided in the proceedings for the creation
and consummation of Mooring Road Sewer Assessment District, City of
San Rafael, Marin County, California, that should any surplus be
realized from the assessments levied or bonds issued to represent same,
it must be used in accordance with the provisions of Section 10427 of
the Streets and Highways Code of the State of California (being a portion
of the Municipal Improvement Act of 1913), under which said proceedings
were taken; and
WHEREAS, Section 10427 provides that the surplus may be dis-
tributed in accordance with the provisions of Section 10427.1 of said
Code; and
WHEREAS, Section 10427.1 of the Streets and Highways Code of the
State of California provides that the surplus shall be credited pro rata
to the parties assessed as follows:
(1) Where an individual assessment, or any installment of the
principal thereof, has been paid in cash, the credit shall be returned
in cash to the person or persons paying the same upon their furnishing
satisfactory evidence of such payment.
(2) Where all or any part of an individual assessment remains
unpaid, if said individual assessment is not payable in installments,
the credit shall be applied in its entirety upon such individual assess-
ment.
(3) Where all or any part of an individual assessment remains
unpaid and is payable in installments, the amount apportioned to each
parcel shall be credited against the next installment or installments
unpaid upon it after the two-year period specified below. When any
or all of the surplus is to be applied as a credit upon the assessment,
payable in installments, no such credit may be paid or credited as pro-
vided in this section until after a period of two years from the date of
-1- '
'/F![i�awuw�
receipt of proceeds of the sale of bonds by the legal entity conducting
the proceedings; and
WHEREAS, the improvements have been completed in Mooring Road
Sewer Assessment District, City of San Rafael, Marin County, California,
and the Engineer of Work has filed a final cost statement for said
assessment district; and
WHEREAS, said statement shows that there is a surplus in said
fund for the improvements in -the amount of $11,406.04.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of San Rafael, Marin County, California, as follows:
(1) The Engineer's Final Schedule of Costs is hereby approved
and adopted as the final schedule of the costs for the improvements in
Mooring Road Sewer Assessment District, City of San Rafael, Marin County,
California;
(2) There is hereby found to be a surplus in the said improvement
fund in the sum of $11,406.04, which said surplus is shown on the Engineer's
Final Schedule of Costs attached hereto as "Exhibit A," which said "Exhibit
A" is, by this reference, approved and incorporated herein and made a
part hereof;
(3) The fund hereby declared to be surplus shall be transferred
to the Bond Redemption Fund of Mooring Road Sewer Assessment District for
the purpose of crediting the assessments or making the refunds as here-
inabove outlined;
(4) The City Treasurer of the City of San Rafael is hereby directed
to distribute the surplus from the Bond Redemption Fund of Mooring Road
Sewer Assessment District in the amount of $11,406.04, in accordance with
the Schedule of Refunds to Property Owners of Improvement Fund Surplus,
Mooring Road Sewer Assessment District, City of San Rafael, Marin County,
California, which schedule is attached to this resolution, marked "Exhibit B"
and, by this reference, incorporated herein and made a part hereof.
-2-
I HEREBY CERTIFY that 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 16th day
of August, 1976, by the following vote, to wit:
AYES: Councilmen : Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: Councilmen : None
ABSENT: Councilmen : None
MARION A. GRADY, City Clerk,
City of San Rafael, Marin County,
California
—3—
ENGINEER'S FINAL SCHEDULE OF COSTS
MOORING ROAD SEWER ASSESSMENT DISTRICT,
CITY OF SAN RAFAEL, MARIN COUNTY,
CALIFORNIA
I. CONSTRUCTION COSTS
1. 662 L.F. 6" PVC (gravity collect) @
TOTAL CONSTRUCTION COSTS $ 56,132.00
II. INCIDENTAL EXPENSES
1.
Thirty-two Dollars ($32.00) per L.F. $
21,184.00
2.
131 L.F. 6" PVC (gravity collect) @
1,219.44
3.
Twenty-four Dollars ($24.00) per L.F.
3,144.00
3.
148 L.F. 4" PVC (lateral collection)
535.86
5.
@ Twenty Dollars ($20.00) per L.F.
2,960.00
4.
15 L.F. 6" Flanged CI Pipe @ Sixty Dollars
119.30
6.
($60.00) per L.F.
900.00
5.
2 Each Standard Manhole (collect) @
Six Hundred Dollars ($600.00) per each.
1,200.00
6.
2 Each Standard Manhole (discharge) @
Six Hundred Dollars ($600.00) per each.
1,200.00
7.
1 Each Lift Station @ lump sum @ Twenty-
9,441.12
four Thousand Five Hundred Dollars
$65,573.12
($24,500.00)
24,500.00
8.
58 L.F. Drive Wood Piles @ Eighteen
Dollars ($18.00) per L.F.
1,044.00
TOTAL CONSTRUCTION COSTS $ 56,132.00
II. INCIDENTAL EXPENSES
1.
Civil Engineering
$ 3,600.00
2.
Inspection, City of San Rafael
1,219.44
3.
Legal Fees of Special Bond Counsel
1,847.08
4.
Bond Printing
535.86
5.
Miscellaneous Cost of Proceedings,
publications, etc.
119.30
6.
City Admin. Fee, plan checking, etc.
1,219.44
7.
Out-of-pocket expenses of Special Bond
Counsel
200.00
8.
Marin County Bond Service Charge @
$50.00 per bond - 14 bonds
700.00
TOTAL INCIDENTAL EXPENSES
9,441.12
TOTAL PROJECT COST
$65,573.12
REVENUES:
Sale of Bonds
Investment Earnings 1973-74
1974-75
1975-76
TOTAL REVENUE
LESS TOTAL PROJECT COST
TOTAL SURPLUS
DATED:
EXHIBIT A
$ 73,980.50
473.66
1,811.68
713.32
$76,979.16
-65,573.12
$11,406.04
ELY CAILLOUETTE, JR., Director of
Public Works, City of San Rafael,
Marin County, California, as
Engineer of Work
SCHEDULE OF REFUNDS TO PROPERTY
OWNERS OF IMPROVEMENT FUND SURPLUS,
MOORING ROAD SEWER ASSESSMENT DISTRICT,
CITY OF SAN RAFAEL, MARIN COUNTY,
CALIFORNIA
Assessment and
Amount of
Diagram Number
Description of Property
Surplus
1
As shown on the assessment
$814.71
diagram for Mooring Road
Sewer Assessment District,
filed on the 28th day of
January, 1974, in Book 1
of Maps of Assessment
Districts at page 92 in the
office of the County
Recorder, Marin County,
California
2
"
814.71
3
of
814.71
4
814.71
5
814.72
6
814.72
7
814.72
8
814.72
9
814.72
10
814.72
11
814.72
12
814.72
13
814.72
14
814.72
TOTAL
SURPLUS $
11,406.04