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
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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
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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,
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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_
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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
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