HomeMy WebLinkAboutCC Resolution 4248RESOLUTION OF INTENTION NO. 4248
IN THE MATTER OF THE CONSTRUCTION OF IMPROVEMENTS
AND ACQUISITIONS IN BAHIA DE RAFAEL INDUSTRIAL PARK
ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN
COUNTY', 'CALIFORNIA
BE IT RESOLVED by the City Council of the City of San
Rafael, Marin County, California, that it is the intention of said
Council to order the following improvements and acquisitions to be
made in Bahia de Rafael Industrial Park Assessment District, City
of San Rafael, Marin County, California, to wit:
The opening and improving of streets and alleyways
including clearing, grading, subbase, base, pavement,
curbs and gutters, sidewalks; storm drainage faci-
lities, sanitary sewers and appurtenances; a system
of domestic water supply including fire hydrants,
services and appurtenances; street lights, and
underground electrical communication facilities
and appurtenances; and all other improvements and
appurtenances necessary for a complete scheme of
public improvements within the property including
the acquisition of all necessary interests in -real
property required for all of the foregoing work
and the payment of all amounts necessary to eli-
minate any fixed special assessment liens pre-
viously imposed upon any parcel to be assessed
in the proposed district.
BE IT RESOLVED that said improvements to be constructed
in the streets, avenues, lanes, courts, roads, places and/or public
ways hereinabove described, will be of dimensions, materials, and
in*the particular locations, as set forth and shown on the plans and
specifications and detailed drawings hereinafter referred to; to-
gether with the construction of all appurtenances thereto, includ-
ing necessary fittings, trenchings, grading and regrading, excava-
tion and fill, removal of obstructions, connections to existing services,
backfilling, reconstruction of existing ground surface as required
to conditions existing prior to commencement of construction, all
in the manner, of the materials, and to the dimensions and to the
grades, and in the particular locations as the same will be more
fully shown on the plans and specifications and detailed drawings
hereinafter referred to;
That the structures and work and improvements herein described
shall be constructed to the grades, sub -grades and elevations severally
to be shown upon the plans and profiles and detailed drawings thereof
in the respective locations thereof, which said grades are hereby
adopted as the official grades therefor for all purposes in connec-
tion with the proceedings pursuant to this Resolution of Intention.
Notice is hereby given that said grades may be new and different
from those heretofore established or existing, or may be different
from existing ground levels.
All of said work shall include, without duplication, any
and all street intersections, terminations and opposite terminations
UC;cu.LliiLy withlin the limi-Lations of said work.
The attention of all persons is directed to the fact that
not all of said classes of work above described may be constructed
upon all the streets and/or public ways above described in their
entirety, but only upon the particular locations as shown on the
plans and specifications hereafter referred to, which said plans
and specifications shall govern as to all details with relation to
the same.
BE IT FURTHER RESOLVED that the City Council of the City
of San Rafael hereby males the expenses and costs of said improve-
ments and acquisitions chargeable upon a district, which said district
said Council hereby declares the district benefited by the improve-
ments and acquisitions herein described; said district shall include
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that territory in the City of San Rafael, Marin County, California,
which is shown on that certain map on file in the office of the City
Clerk of the City of San Rafael, and which is entitled and described,
"Proposed Boundaries of Bahia de Rafael Industrial Park Assessment
District, City of San Rafael, Marin County, California," and which
said map indicates by a boundary line the extent of the territory
included in the proposed district and covers all details as to the
extent of the area to be assessed; said map is, by this reference,
incorporated herein and made a part hereof.
Excepting from the area shown and delineated on said map
hereinabove referred to, the area of all public streets, avenues,
lanes, roads, drives, courts, places, public parks, and all easements
and rights -of -•ray therein contained belonging to the public, and
also all property owned by the City of San Rafael, the County of
Marin, the State of California, or the United States of America,
contained therein, now in use in the performance of a public function.
NOTICE IS HEREBY GIVEN that serial bonds to represent unpaid
assessments, and bearing interest at the rate of not to exceed seven
percent M.) per annum shall be issued in they manner and form pro-
vided in Part 5, Division 7 of the Streets and Highways Code of the
State of California (Improvement Act of 1911) to represent unpaid
assessments of Fifty Dollars ($50.00) or over, the last install-
ment of which bonds shall mature fourteen (14) years from the 2nd
day of January next succeeding the next September 1st following their_
date. Said bonds shall be payable to bearer, and may be redeemed
as provided in the improvement Act of 1911, and there shall be ,added
to the redemption clause in said bonds the folI.owing words:
".....together with a premium of five per cent (5%) of
the unniatured principal."
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Proceedings for all work shall be taken pursuant to the
Municipal Improvement Act of 1913, and the bonds hereinabove described
shall be issued under the provisions of the Improvement Act of 1911
as heretofore described.
BE IT FURTHER RESOLVED that in accordance with the provisions
of Sections 10203 and 10204 of the Streets and Highways Code, being
a part of the Municipal Improvement Act of 1913, the matter of the
improvements and acquisitions herein referred to is hereby refer-
red to GONZALEZ & OBERKAMPER, the firm having charge and control of
the improvements and acquisitions described in this resolution. Said
firm is hereby directed to make and file with the City Clerk of the
City of San Rafael a report in writing containinq the following:
a. Plans and specifications of the proposed improve-
ment if the improvement is not already installed;
b. A ;encral description of the works or appliances
already installed and any other property necessary
or convenient for the operation of the iMDrovement,
if the works, appliances or property are to be
acquired as part of the improvement;
C. An estimate of the cost of the improvement and of
the cost of lands, rights-of-way, easements and
incidental expenses in connection with the improve-
ment. If the legislative body in the resolution
of intention ordered that private utility damages
be included in the assessment, the report shall
contain an estimate of private utility damages;
d. A diagram showing the assessment district and the
boundaries and dimensions of the subdivisions of
lard within the district as they existed at the
time of the: passage of the resolution of intention.
Each subdivision, including each separate condomin-
ium interest as defined in Section 733 of the
Civil Code, shall be given a separate number upon
the diagram.
e. A proposed assessment of the total amount of the
cost and expenses of the proposed improvement
upon the several subdivisions of land in the
district in proportion to the estimated benefits
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to be received by such subdivisions, respectively,
from the improvement. When any portion or percent-
age of the cost and expenses of the improvement
is ordered to be paid out of the treasury of the
municipality, pursuant to Section 10200, the
amount of such portion or percentage shall first
be deducted from the total estimated cost and
expenses of the improvement, and the assessment
upon property proposed in the report shall include
only the remainder of the estimated cost and
expenses. The assessment shall refer to the sub-
divisions by their respective numbers as assigned
pursuant to subdivision (d) of this section.
BE IT FURTHER RESOLVED that if any surplus remains in the
Improvement Fund after the completion of the improvements and the
payment of all claims from the Improvement Fund, said surplus shall
be distributed in accordance with Section 10427 of the Streets and
Highways Code.
BE IT FURTHER RESOLVED that it is the intention of said
City of San Rafael to enter into an agreement with Pacific Gas and
Electric Company under the terms of which the City of San Rafael will
convey to the Pacific Gas and Electric Company a system of under-
ground electrical facilities in accordance with the provisions of
Section 10109-10111, inclusive, of the Streets and Highways Code
of the State of California.
BE IT FURTHER RESOLVED that it is the intention of said
City of San Rafael to enter into an agreement with Pacific Telephone
and Telegraph Company under the terms of which the City of San
Rafael will convey to the Pacific Telephone and Telegraph Company
a system of underground communication facilities in accordance with
the provisions of Section 10109-10111, inclusive, of the Streets
and Highways Code of the State of California.
BE IT FURTHER RESOLVED that the City Council hereby finds
that the public interest will not be served by allowing the prop-
erty owners to take the contract for the work and improvements pro-
vided for in this Resolution of Intention.
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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
19th day of June, 1972, by the following vote, to wit:
AYES: Councilmen Barbi'er, Jensen, Miskimen Mulryan and Mayor Bettini
NOES: Councilmen ; None
ABSENT: Councilmen ; None _
MARION A. GRADY, City Clerk,
City of San Rafael, Marin
County, California