HomeMy WebLinkAboutCC Resolution 2574RESOLUTION NO. A RESOLUTION DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS FOR THE ACQUISITION AND/OR CONSTRUCTION OF IMPROVEMENTS WITHOUT PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE MARIN BAY IMPROVEMENT DISTRICT N0, 2 RESOLVED, by the City Council of the City of San Rafael, California, that WHEREAS, a written petition for undertaking proceedings pursuant to special assessment and assessment bond acts, and to assess the costs thereof upon the properties benefited by said acquisitions and improvements, and waiving proceedings under Division 4 of the Streets and Highways Code, has been filed with the City Clerk of this City, for the acquisition and/or construc- tion of the improvements hereinafter described; WHEREAS, the costs and expenses of said contemplated acquisi- tions and improvements are to be chargeable upon an assessment distract, the exterior boundaries of which are the ooterminous exterior boundaries of Marin Bay Improvement District No. 2, more particularly shown on a map thereof on file in the office of the City Clerk, which indicates by a boundary line the extent of the territory included in the proposed district and which shall govern; for all details as to the extent of the assessment district; WHEREAS, the public interest and convenience will be served by the taking of said proceedings; and WHEREAS, said acquisitions and improvements are more particularly described as follows: (a) The grading of the streets within Marin Bay Improvement District No. 2, including sloping for proper drainage thereof and for the protection of said streets from overflow by water. Easements are granted by the petition to the City of Sari Rafael for the purposes provided in this subpara- graph (a) for the period of construction, at the expiration of which time they shall terminate without further action by either party. 1(b) The improving of Riviera Drive, Peacock Drive, Nimes Court, Monaco Drive, Sherwood Drive, Cannes Court, Canebiere Way, Monte Carlo Circle and Castellaras Drive for their entire lengths and widths within the boundaries of Marin Bay Improve - District No. 2, by grading and the construction therein of base pavement and wearing surface, Portland cement concrete curbs, gutters and side. walks; the planting of trees, shrubs and other ornamental vegetation; storm drain pipes, manholes, catch basins, end sections with grates, rip rap headwalls and ditches; sanitary sewer mains, manholes, lampholes, rodholes, cleanouts, wye branches, laterals and appurtenances; and monuments$ street signs and barricades with reflectors. (e) The construction of such sanitary sewerage facili- ties and storm drainage facilities in public utility easements in and adjacent to said Tract as may be necessary to provide complete sewage and storm drainage service thereto. ,d) The construction or acquisition of a right of service and use in the general public in accord- ance with the rules, regulations and tariffs authorized from time to time by the Marin Municipal Water District for domestic water purposes for said Tract from water mains, valves, fittings, hydrants, services and meters in said streets and within easements in and adjacent to said Tract, to be constructed by others and owned by the Marin Municipal Water District. e ) The construction or acquisition of a right of service and use in the general public in accord- ance with the rules, regulations and tariffs authorized from time to time by the Public Utilitles Commission of the State of California for domestic gas purposes for said Tract from gas mains, services, and appurtenances to be constructed and owned by others in the streets and easements in said Tract. (f} The construction or acquisition of a right of service and use in the general public in accordance with the rules, regulations and tariffs authorized from time to time by the Public Utilities Commission of the State of California for the purpose of providing street lighting and underground electrical service to said Tract from electroliers, including luminer, sable and conduit, duets, pull boxes, secondary boxes, pada, vaults, adaptors, bends, cables, transformers, and appurtenances, to be construated and owned by others in the streets and easements In said Tract. �g) The construction or acquisition of a right of service and use in the general public in ac- cordance with the rules, regulations and tariffs authorized from time to time by the Public Utilities Commission of the State of California for underground telephone purposes for said Traet from underground conduits, service boxes, man- holes and appurtenances to be constructed and owned by others in the streets and easements in said Tract. (h) The construction of a sanitary sewage pump station and appurtenances on a site to be ac- quired herein at the easterly boundary of said Tract, and the construction of sanitary force main from said pumping station southeasterly to an existing manhole in Marin Bay Improvement District No. 1. �I (i) The construction or acquisition of a right of service in a water storage tank and pressure system to be constructed on a site to be acquired herein to serve said Tract. The construction of additions and enlargements to the existing sewage treatment plant serving said Marin Bay development. (k) The acquisition of rights of service and use in the existing drainage basin, main lagoon and water distribution facilities constructed in proceedings for Marin Bay Improvement District No. 1, on behalf of properties in the assessment district by advance retirement of bonds issued in said proceedings for Marin Bay Improvement District No. 1 to represent Assessment Nos. 210, 236, and 242 to 252, inelusive, (1) The acquisition of all lands, easements, rights and property and use thereof, and the construction of all improvements, facilities and works auxiliary to any of the above and necessary to complete the sane, NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED, that all of the owners of more than sixty per cent (60%) in area of the property subject to assessment for said proposed acquisitions and improvements who appear to be such on the Assessor's roll on the day that said petition was filed, or in the case of transfers of land or parts thereof subsequent to the date upon which the last Assessor's roll was prepared, appear to be such on the records in the County Assessor's office which the County Assessor will use to prepare the next ensuing Assessor's roll, have signed and filed with the City Clerk a written petition for the acquisition and/or construction of improvements pursuant to appropriate special assessment and assessment bond acts, with- out further compliance with the provisions of Division 4 of the Streets and Highways Code. IT IS FURTHER FOUND, DETERMINED and ORDERED that said proceed- ings for the acquisition and/or construction of said improvements shall be had pursuant to the Municipal. Improvement Act of 1913 and , I bonds upon the unpaid assessments thereof shall be issued pursuant Ito the Improvement Act of 1911. IT IS FURTHER FOUND, DETERMINED and ORDERED that the provi- sions of Division 4 of the Streets and Highways Code be, and they fare hereby, dispensed with. I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of San RaXael, California, at a meeting thereof held on the = day of lic.Z , 1962, by the following vote of the m ers thereoT AYES, and in favor thereof, Councilmen: NOES, councilmen: ABSENT, Councilmen: AP OVED: City• r o f y of an a ac t � 4