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Home My WebLink AboutCC Resolution 4652RESOLUTION NO. 4652 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE SAN RAFAEL SANITATION DISTRICT IN CONNECTION WITH MOORING ROAD SEWER ASSESSMENT 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 the Mayor of the City of San Rafael be authorized to sign, and the City Clerk be 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 City Council of the City of San Rafael, Marin County, California, at a regular meeting thereof, held on the 21st day of January, 1974, by the following vote, to wit: AYES: Councilmen Jensen Miskimen, Mulcyan, Nixon and Maynr Beltini NOES: Councilmen None. ABSENT: Councilmen None. MARION A. GRADY, City Clerk, City of San Rafael, Marin County, California ORIG IMM RESOLUTION NO. 4652 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE SAN RAFAEL SANITATION DISTRICT IN CONNECTION WITH MOORING ROAD SEWER ASSESSMENT 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 the Mayor of the City of San Rafael be authorized to sign, and the City Clerk be 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 City Council of the City of San Rafael, Marin County, California, at a regular meeting thereof, held on the 21st day of January, 1974, by the following vote, to wit: AYES: Councilmen Jensen M i sk i men, Mul ryan , Nixon and Mayor Rett i n i . NOES: Councilmen None. ABSENT: Councilmen None MARION A. GRADY, City Clerk, City of San Rafael, Marin County, California ORIGIPIAI RESOLUTION NO. 332 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN SAN RAFAEL SANITATION DISTRICT AND THE CITY OF SAN RAFAEL, IN CONNECTION WITH MOORING ROAD SEWER ASSESS- MENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA BE IT RESOLVED by*the Board of Directors of the San Rafael Sanitation District, Marin County, California, that the Chairman of the Board be authorized to sign, and the Secretary be authorized to attest, that certain agreement between the San Rafael Sanitation District and the City of San Rafael in connection with Mooring Road Sewer Assessment District, City of San Rafael, Marin County, California, which said agreement is attached hereto. I HEREBY CERTIFY that the foregoing resolution was duly - an d uly_and regularly adopted by the Board of Directors of the San Rafael Sanitation District, Marin County, California, at a regular meet- ing eeting thereof, held on the 7th day of November, 1973, by the following vote, to wit: AYES: Directors Roumi qui ere Jensen and Chairman Betti ni NOES: Directors ;Done ABSENT: Directors None FRED JENSEN, Secretary, San Rafael 'I Sandtation District, Marin County, California k_' f rL A G R E E M E N T I THIS AGREEMENT, made and entered into this 7th day of November, 1973, by and between the SAN RAFAEL SANITATION 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 Sections 4700 et. seq. of the Health and Safety Code of the State of California. 2. The public interest and convenience require the installation by City, and maintenance, operation and use by District, of a sewage pumping'station for and.xAthin the Mooring Road Sewer 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 assessment and assessment bond acts, and• that after such installation the providing of a sewage pumping station within said territory shall be under the management and control of District. 3. Plans and specifications for said pumping station have been prepared by JAMES J. ZERBE, Civil Engineer, 1. which said individual 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 with the plans and specifications approved by District Engineer as hereinbefore referred to, and that said plans and specifications are hereby approved by District. No changes in said plans and specifications may be made without the prior written consent of District. --1- ��. 4. It is agreed that the construction of the works and improvements herein provided shall be accomplished through an assessment district and that City shall pay to District from funds raised in the assessment district all fees and charges to be paid pursuant to this agreement. The estimated construction cost of said sewage pumping station is $1,875.00 of which the amount " payable tb 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 sewage pumping station -to see that plans and specifications have been complied with, and the City and its Engineers shall cooperate with the District's inspector, or inspectors, in the duties incident to design or construction. After completion 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 Ok 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 thereto at any point or points thereon. They shall be operated, maintained -2- T 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 establ-ished. ti � 9. District shall not be obligated to extend, without charge, its mains and facilities within the boundaries of the assessment dis- trict, and any future extension of mains, facilities and appur- tenances beyond those specifically set forth in the plans and specifications shall be under the rules and regulations and subject 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 Citdy is signing this agreement solely as agent and trustee for the property owners within the area described in the agreement; that it is assuming no direct liability for payment of said money or the expenses of acquisition and construction of said pumping station, and that its only'liability.and responsibility is that of conducting the special assessment proceedings ,referred to in the form provided by 11 law. It is also understood by all parties that City cannot pledge itself in advance that said special assessment proceedings will give the City jurisdiction to confirm the assessment and that all terms and provisions (:)f' this agreement are subject to said special assess- ment proceedings being consummated. City is to pay sums to be paid -3- w pursuant to this agreement only out of moneys in said special assessment district proceedings and out of no other funds. SAN RAFAEL SANITATION DISTRICT i /> B Chairman ATTEST: 12 Secretar "District" ATTEST: City Clerk U,f� CITY OF SAN RAFAEL, a municipal corpora- tion of the State of California By Mayor "City" w Vt.