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HomeMy WebLinkAboutCC Resolution 4571&;r, C] RESOLUTION NO. 4571 RESOLUTION REQUESTING JURISDICTION OF THE CITY COUNCIL OF THE CITY OF SAN ANSELMO IN CONNECTION WITH THE RAFAEL RACQUET CLUB ESTATES UTILITY UNDERGROUNDING ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA BE IT RESOLVED by the City Council of the City of San Rafael, N4arin County, California, that the City Council of said City of San Rafael proposes to adopt a Resolution of Intention, a copy of which is annexed hereto, marked "Exhibit A", and, by this reference, incorporated herein as though fully set forth herein; and BE IT FURTHER RESOLVED by said City Council as follows: 1. A portion of the property proposed to be assessed lies within the boundaries of the City of San Anselmo. 2. The area of the City of San Anselmo which lies within the proposed assessment district will, in the opinion of the City Council of the City of San Rafael, be benefited by the improve- ments and acquisitions referred to in the proposed Resolution of Intention annexed hereto and that the purposes sought to be accom- plished by the work can best be accomplished by a single, compre- hensive scheme of work. 3. The proposed Resolution of Intention annexed hereto and marked "Exhibit A" is hereby adopted as the proposed Resolution of Intention for the improvements and acquisitions hereinabove referred to. 4. The consent of the City of San Anselmo through its City Council is hereby requested to the formation of the district described in said proposed Resolution of Intention, to the improve- ments and acquisitions therein described, and to the assumption of iuri.sdictiL_; by this City Council for all purposes in' connection with the formatio?n of said assessment district, the improvements and acquisitions to be made, and the assessment of property within the boundaries of said proposed district. The City Clerk of said City of San Rafael is hereby directed to transmit a certified copy of this resolution with the proposed Resolution of Intention attached, and a certified copy of the map showing the proposed boundaries of said district to the City Clerk of.the City of San Anselmo. 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 17th day of September, 1973, by the following vote, to wit: AYES: Councilmen : Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: ABSENT: 0 Councilmen : None Councilmen : None MARION A. GRADY, City Clerk, City of San Rafael, Marin County, California RESOLUTION OF INTENTIODI NO. IN THE MATTER OF TETE IMPROVEMENTS AND ACQUISITIONS TO BE MADE IN RAFAEL RACQUET CLUB ESTATES UTILITY UNDERGROU14DING ASSESS- MENT 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 City Council to order the following improvements and acquisitions to be made in Rafael Racquet Club Estates Utility Undergrounding Assess- ment District, City of San Rafael, Marin County, California, to wit: The removal of existinq overhead electrical and com- munication facilities and the replacement thereof with underqround electrical and communication facil- ities constructed at the same or different locations, located within the area shown on the map entitled "Proposed Boundaries of Rafael Racquet Club Estates Utility Undergrounding Assessment District, City of San Rafael, County of Marin, State of California," which said map is on file in the office of the City Clerk of the City of San Rafael;together with the acquisition of any rights-of-way necessary thereto. The construction, reconstruction, relocation or con- version of electric or communication facilities, lo- cated upon any lot or parcel of land within the assess- ment district for which the owners of such lots or par- cels of land within said assessment district shall have filed a written request for said construction, recon- struction, relocation or conversion of improvements and acquisition of any rights-of-way in accordance with the provisions of Section 5896.14 of the Streets and Highways Code of the State of California. 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 u 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 eleva- tions 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 connection with the proceedings pursuant to this Reso- lution 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, anv 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 construct- ed 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 City Council hereby declares the district benefited by the im- provements and acquisitions herein described; said district shall -2- include that territory in the City of San Rafael and in the City of San Anselmo , Marin County, California, which is sliown 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 Boun- daries of Rafael Racquet Club Estates Utility Undergrounding Assess- ment District, City of San Rafael, County of Marin, State of 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 ease- ments and rights-of-way therein contained belonging to the public, and also all property owned by the City of San Rafael, the City of San Anselmo, the County of Marin, the State of California, or the United States of P.merica, 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 herein in the manner provided in Division 10 of the Streets and Highways Code, the Improve- ment Bond Act of 1915, the last installment of which shall mature fourteen (14) years from the 2nd day of. July next succeeding ten (10) months from their date. NOTICE IS HEREBY FURTHER GIVEN that the procedure for collection of assessments and advance retirement of bonds under the Improvement Bond Act of 1915 shall be as provided in Part 11.1, Division 10, of the Streets and Highways Code of the State of Cali- fornia. Proceedings for all work shall be taken pursuant to -3- the Municipal Improvement Act of 1913, and the bonds hereinabove described shall be issued under the provisions of the Improvement Bond Act of 1915 as heretofore described. BE IT FURTHER RESOLVED that in accordance with the pro- visions 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 referred to ELY CAILLOUETTE, City Engineer, as Engineer of Work, the person having charge and control of the improvements and acquisitions described in this resolution. Said person 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 improvement, 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. d. A diagram showing 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 total amount of the cast 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- aqe 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 u 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 aqreement with the Pacific Gas & Electric Company, under the terms of which the City of San Rafael will convey to the Pacific Gas & Electric Company the electrical facilities constructed, 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 the Pacific Telephone and Telegraph Company, under the terms of which the City of San Rafael will. convey to the Pacific Telephone and Telegraph Company the communication facilities constructed, 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 Tele-Vue Systems, Inc., under the terms of which the City of San Rafael will convey to the Tele-Vue Systems, Inc. the cable television facilities constructed, 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. 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 day of 1973, by the follow-, ing vote, to wit: AYES: Councilmen NOES: Councilmen ABSENT: Councilmen MARION A. GRADY, City Clerk, City of San Rafael, Marin County, California. -6-