HomeMy WebLinkAboutResolution No. 5194RESOLUTION OF INTENTION NO. 5194
IN THE MATTER OF THE CONSTRUCTION OF IMPROVEMENTS AND
ACQUISITIONS IN SMITH RANCH ASSESSMENT DISTRICT NO.1,
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 Smith
Ranch Assessment District No. 1, City of San Rafael, Marin County,
California, to wit:
The construction of public improvements in Smith Ranch
Road, Carlos Drive, and Lands of the State of California,
and over public easements and parcels:
The opening and improving of streets, subbase, base,
pavement, curbs and gutters, sidewalks and landscaping;
storm drainage facilities; sanitary sewers and appur-
tenances; a system of domestic water supply including
fire hydrants, services and appurtenances; underground
electrical and communication facilities and appur-
tenances; street lights; and all other improvements and
appurtenances necessary for complete and functional
public improvements 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 eliminate any fixed special assessment
liens previously 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;
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 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 clans and specifications and detailed drawings
hereinafter referred to;
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That the structures and work and improvements herein des-
cribed 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
connection with the proceedings pursuant to this Resolution of Inten-
tion. Notice is hereby given that said grades may be new and dif-
ferent 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
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 improvements 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, State of Cali-
fornia, 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 Smith Ranch Assessment District
No. 1, 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, incor-
porated herein and made a part hereof.
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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 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 eight
per cent (8%) 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 represent unpaid assess-
ments of Fifty Dollars ($50.00) or over, the last installment 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 redem-
ption 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 1911
as heretofore described.
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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 GONZALEZ & OBERKAMPER CIVIL ENGINEERS, INC., 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 -
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
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 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:
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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 underground
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 pro-
visions of Section 10109-10111, inclusive, of the Streets and High-
ways 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, a system of underground television cable
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 Las Gallinas Valley
Sanitary District under the terms of which the City of San Rafael will
convey to the Las Gallinas Valley Sanitary District, a system of sani-
tation facilities in accordance with the provisions of Section 10109-
10111, inclusive, of the Streets and Highways Code of the State of
California.
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BE IT FURTHER RESOLVED that it is the intention of said
City of San Rafael to enter into an agreement with Marin Municipal
Water District under the terms of which the City of San Rafael will
convey to the Marin Municipal Water District, a system of domestic
water supply 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 State of
California under the terms of which access will be allowed within
the State Right of Way (State Freeway) for the purposes of construct-
ing the subject improvements.
BE IT FURTHER RESOLVED that the City Council hereby finds
that the public interest will not be served by allowing the property
owners to take the contract for the work and improvements provided
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 4th day
of October, 1976, by the following vote, to wit:
AYES: Councilmen Jensen, Mulryan, Nixon and Mayor Bettini
NOES: Councilmen None
ABSENT: Councilmen Mi s ki men
MARION A. GRADY, City Clerk,
City of San Rafael, Marin County,
California