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HomeMy WebLinkAboutCC Resolution 4456RESOLUTION OF INTENTION NO. 4456 IN THE "MATTER OF THE CONSTRUCTION OF IMPROVEMENTS AND ACQUISITIONS TO BE PIADE IN MOORING ROAD SEWER ASSESS- MENT DISTRICT, CITY Off' SAN R,-WAEL, MARIN COUINTY, 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 P-iooring Road Sewer Assessment District, City of San Rafael, Marin County, California, to wit: `.i'he work consists of the installation of a sanitary sewer system, including the construction of a lift station and a collection trunk and latera]. sewers, and all appurten- ances necessary to provide a system of sanitary sewage collection; together with the acquisition of any necessary real property, easerttents and rights-of-way to construct the same. 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; together 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, back filling, reconstruction of existing ground surface as required to conditions existing prior to commencement of construc- tion., 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 `J t �.... ,r• 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 termina- tions occurring within the limitations 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 makes 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 improvements and acquisitions herein described; said district shall include that territory in the City of San Rafael, .Marin County, California, which is shown on that certain man on file in the office of the City Clerk of the City of San Rafael, and which is entitled and described, "Pro- posed Boundaries of Mooring Road Sewer Assessment District, City of San Rafael, A4arin County, California," and which said map indicates by a boundary line the extent of the territory included in the pro- posed 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 --way therc.-Ln contained belonging to the public, and -2- 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 per cent (70) per annum shall be issued in the manner and form provided in Part 5, Division 7 of the Streets and Highways Code of the State of California (Improvement Act of 1911) to repre- sent unpaid assessments of Fifty Dollars ($50.00) or_over, the last installment of which bonds shall mature nineteen (19) years from the 2nd day of January next succeeding the next September 1st fol- lowing 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 following words: " ....together with a premium of five per cent (5%) of the unmatured principal." In case of default, there shall be added to the defaulted amount one per cent (1%) of the amount thereof, and on the lst day of each month following such default there shall be added a further penalty of one per cent (1%) of such defaulted amount. The one per cent (1%) penalty first imposed shall be retained by the Treasurer as a cost of servicing the delinquency and all subsequent penalties shall be paid to the holder of the bond along with and as a part of such defaulted payment. 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 191.1, as heretofore described. BE IT FURTHER RESOLVED that in accordance with the pro- visions of Sections 3.0203 and 10204 of the Streets and highways Code, being a part of the Municipal ImiDrovement Act of 1913, the matter of the improvements and acquisitions herein referred to is hereby referred to the City Engineer of the City of San Rafael, -3- the person having charge and control of the improvements and acqui- sitions described in this resolution. Said City Engineer as Engineer of Work is hereby directed to make and file with the City Clerk of the City of San Rafael a report in writing containing the following: a. Plans and specifications of the proposed improve- ment if the improvement is not already installed; b. A general description of the works or appliances already installed and any other property necessary or convenient for the operation of the imorovement, 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 sho�•ai.ng the assessment district and the boundaries and dimensions of the subdivisions of land 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 783 of the Civil Code, shall be given a separate number upon the diagram. e. A proposed assessment of the tonal 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 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 renor_t 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 Iligholays Code. BE IT FURTHER RESOLVED that it is the intention of said City of San Rafael to enter into an agreement with the San Rafael_ -4- Sanitation District under the terms of which the City of San Rafael will convey to the San Rafael Sanitation District, sanitary sewer facilities in accordance with the provisions of Section 10109-10111, inclusive, of the Streets and Highways Code of the State of California. 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 April, 1973, by the following vote, to W -1t: AYES: Councilmen : Jensen, Mi skimen, Mul ryan and Mayor Bett i n i NOES: Councilmen : None ABSENT: Councilmen : None 14ARION A. GRADY, City Clerk, City of San Rafael, Marin County, California -5-