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Home My WebLink AboutCC Resolution 6800 (Kerner Blvd Assessment District)RESOLUTION NO. 6800 RESOLUTION APPROVING AGREEMENT WITH THE SAN RAFAEL SANITATION DISTRICT KERNER BOULEVARD ASSESSMENT DISTRICT The City Council of the City of San Rafael resolves: As a part of the proceedings for improvements in the Kerner Boulevard Assessment District, this Council approves that certain agreement between the CITY OF SAN RAFAEL and the SAN RAFAEL SANITATION DISTRICT, dated May 7, 1984, and attached to this resolution. The Mayor is authorized to sign the agreement and the City Clerk is authorized to attest its execution. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 7th day of May, 1984, by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner JE M. LEONCINI, ty Clerk ORIGINAL b%00 RESOLUTION NO. 593 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE SAN RAFAEL SANITATION DISTRICT IN CONNECTION WITH THE KERNER BOULEVARD ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA BE IT RESOLVED by the Board of Directors of the San Rafael Sanitation District as follows: The Chairman of the Board is hereby authorized to sign, and the Secretary is authorized to attest, that certain agreement between the City of San Rafael and the San Rafael Sanitation District, which said agreement is attached hereto. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Board of Directors of the San Rafael Sani- tation District, Marin County, California, at a regular meeting thereof, held on.the 18th day of April, 1984, by the following vote, to wit: AYES: Director Frugoli and Chairman Mulryan NOES: None ABSENT: Director Roumiguiere Chairman, Board of Direct6rs ATTEST: Secretary A G R E E M E N T THIS AGREEMENT, made and entered into this 7th day of May , 1984, by and between the SAN RAFAEL SANI- TATION DISTRICT, hereinafter referred to as "District," and the CITY OF SAN RAFAEL, a municipal corporation of the State of California, hereinafter referred to as "City;" W I T N E S'S E T H : 1. District is a County Sanitary District in the City of San Rafael, Marin County, California, duly formed and organized under the provisions of Section 4700 et seq of the Health and Safety Code of the State of California. 2. The public interest and convenience require the in- stallation by City, and maintenance, operation and use by District of the sewage collection system for and within the Kerner Boulevard Assessment District, City of San Rafael, Marin County, California. It is proposed that said facilities be installed by City pursuant to special assessment proceedings under appropriate special assess- ment and assessment bond acts, and that after such installation, the ownership, maintenance and operation of two sanitary sewer pump sta- tions within said system shall be under the management and control of District. 3. Plans and specifications for said sanitary sewer pump stations have been prepared by Oberkamper & Associates, which said firm has been appointed Project Engineer in said proceedings. Said plans have been submitted to and approved by District Engineer. It is agreed that all of said work shall be installed in accordance "COPT -Y I with the plans and specifications approved by District Engineer as hereinbefore referred to, and that said plars and specifications are hereby approved by District. No changes in said plans and spe- cifications may be made without the prior written consent of District. 4. It is agreed that the construction of the pump stations herein provided shall be accomplished through an assessment district and that City shall pay to District from funds raised in the assess- ment district all fees and charges to be paid pursuant to this agree- ment. The estimated construction cost of said pump stations is $149,200.00, of which the amount payable to District is $ -0- and the estimated amount of the fees and charges payable directly to. District is $ -0- . 5. District may at all times maintain an inspector over the work of installation of the pump stations to see that plans and specifications have been complied with, and the City and its engineers shall cooperate with the District's inspector, or inspec- tors, in the duties incident to design or construction. After com- pletion and acceptance of the work, City will cooperate with District in the enforcement of any guarantee made by the contractor in contractor's agreement to perform the work. 6. Whenever facilities and appurtenances to be conveyed hereunder are not installed in dedicated streets or highways, City shall provide or cause to be provided the necessary rights-of-way and other property necessary to accommodate said work and improve- ments. Title to said interests in real property shall be vested in District. 7. Following the confirmation of the assessment, and upon receipt of the proceeds of bonds to be sold, City shall pay to District all fees and all expenses of District as hereinabove set forth. 8. After the work has been completed to the satisfaction of District and District has furnished to City written notice of its acceptance, all facilities and appurtenances so installed shall be the property of District and part of its system, and thereafter District may make extensions therefrom and install connections there- to at any point or points thereon. They shall be operated, maintained and managed by District as part of such system under the rules and regulations and subject to the rates and charges of District from time to time established. 9. District shall not be obligated to extend, without charge, its mains and facilities within the boundaries of the assessment district, and any future extension of mains, facilities and appurtenances beyond those specifically set forth in the plans and specifications shall be under the rules and regulations and sub- ject to the rates and charges from time to time established by District. 10. It is agreed that the signature of all parties to this agreement is based upon and predicated upon consummation of special assessment district proceedings providing for a sufficient assessment to pay the money herein agreed to be paid District and, also, to pay all costs and expenses of said proceedings. It is agreed that City is signing this agreement solely as agent and trustee for the property owners within the area described in the C] agreement; that it is assuming no direct liability for payment of said money or the expenses of acquisition and construction of said - system, and that its only liability and responsibility is that of conducting the special assessment proceedings referred to in the form provided by law. It is also understood by all parties that City cannot pledge itself in advance that said special assessment pro- ceedings will give the City jurisdiction to confirm the assessment and that all terms and provisions of this agreement are subject to said special assessment proceedings being consummated. City is to pay sums to be paid pursuant to this agreement only out of moneys in said special assessment district proceedings and out of no other funds. ATTEST: Secretary ATTEST: o as or SAN RA.ZEL SANITATION DISTRICT By...- ._ ..... - `- Chairman CITY OF SAN RAFAEL, a municipal corporation of theS e of California By Mayor 4