HomeMy WebLinkAboutCC Resolution 2576RESOLUTION NO. 7 L�
A RESOLUTION OF INTENTION TO ACQUIRE AND/OR
CONSTRUCT IMPROVEMENTS BY SPECIAL ASSESSMENT
AND ASSESSMENT BOND PROCEEDINGS
j MARIN BAY IMPROVEMENT DISTRICT NO. 2
RESOLVED, by the City Council of the City of San Rafael,
California, that it is the intention of said Council to order the
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;acquisition and/or construction of the improvements hereinafter
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described.
1. Whenever any public way is referred to as running
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'between two public ways, or from or to any public way, the Inter-
sections of the public ways referred to are included, to the extent
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(that work shall be shown on the plans to be done therein.
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I! 2. Whenever any work is herein referred to as being con-
,structed in an easement, it will include all work in intervening
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Igor termini streets to the extent that work shall be shown on the
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I1plans to be done therein.
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1 3. Said streets and highways are or will be more partieu-
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larly shown in the records in the office of the County Recorder
of the County of Marin, and shall be shown upon the plans herein
)!referred to and to be filed with the City Clerk.
I 4. All of said work and improvements are to be constructed
jat the places and in the particular locations, of the forms,
Isi,zes, dimensions and materials, and at the lines, grades and
elevations as shown and delineated upon the plans, profiles and
specifications therefor, as hereinafter provided.
5. There is to be excepted from the work herein described
;any of such work marked excepted or shown not to be done on said
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plans, profiles and specifications.
I 6. Said acquisitions and improvements are more particularly
described as follows:
(a) The grading of the streets within Marin Bay
Improvement District No. 21 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 San
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.
(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, lampho?es, rodholes, cleanouts, wye
branches, laterals and appurtenances; and monuments,
street signs and barricades with reflectors.
c) The construction of such sanitary sewerage facili-
ties and storm drainage facilities in public
utility easements in and adjacent to said 'Pratt
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 Utilities
Commission of the State of California for domestic
gas purposes for said Tract from gas mains, services#
II and appurtenances to be constructed and owned by
others in the streets and easements in said Tract.
W 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,
cable and conduit, ducts, pull boxes, secondary
boxes, pads, vaults, adaptors, bends, cables,
transformers, and appurtenances, to be constructed
and owned by others in the streets and easements
in said Tract.
�} 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 Tract
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.
(1) 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.
(3� The construction of additions and enlargements
to the wtisting 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, inclusive.
(l) 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 same.
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7. Notice is hereby given of the fact that in many oases
said work and improvement will bring the finished work to a grade
different from that formerly existing, and that to said extent
said grades are hereby changed and that said work will be done
to said changed grades.
8. That the acquisition price of said improvements and
property and rights to be acquired by the City in said proceedings)
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be fixed at the actual cost thereof, and that said amount be paid
solely from the proceeds of assessments and sale of assessment
bonds.
g. That the amounts of such payments be fixed by certifi-
cates prepared and executed by the Engineer of Work, and approved
by the City Engineer, as to amounts due or paid for work on said
acquisitions and improvements, and that payments therefor by the
City be based on the amounts set forth in said certificates.
10. That the compensation of the Engineer of Work and the
attorneys be paid solely from the proceeds of the assessments and
,sale of assessment bonds on invoices duly audited and approved by
this Council, or to anyone who has advanced all or any part there-
of, based on Engineer's certificates as herein provided.
11. The cost of printing and advertising in connection with
said proceedings is to be paid to the firms performing the services
Il or to anyone who has advanced the cost thereof, solely from the
proceeds of said assessments and sale of assessment bonds.
12. The costs of the City of San Rafael incurred and to be
incurred in connection with said proceedings is to be transferred
from the construction fund of the project to the appropriate City
fund when the proceeds of said assessments and sale of assessment
bonds are available.
13. The City Council does hereby adopt and establish as the
official grades for said work the grades and elevations to be
shown upon said plans, profiles and specifications. All such
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;grades and elevations are to be in feet and decimals thereof
with reference to the datum plane of the City of San Rafael.
14. All items of work do not necessarily extend for the full
I,length of the description thereof. The plans and profiles of the
,,work and maps and descriptions of the acquisitions, as contained
in the Engineer's report, shall be controlling as to the correct '
and detailed description thereof.
15. Said contemplated acquisitions and improvements, in the
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opinion of this Council, are of more than local or ordinary public
!benefit and said Council does hereby make the costs and expenses
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thereof chargeable upon an assessment district, which district sai
Council declares to be the district benefited thereby, the exterior
;boundaries of which are the coterminous exterior boundaries of
!Marin Bay Improvement District No. 2, more particularly shown on aj
Imap, thereof on file in the office of the City Clerk, which indi-
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Icates 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, to which reference is here -
1 by made.
16. Said Council further deolares that all public streets
land highways within said assessment district in use in the per- I
formance of a public function as such, shall be omitted from the
!assessment hereafter to be made to cover the costs and expenses of
nimprovements.
Is4id acquisitions and
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j 17. Notice is hereby given that serial bonds to represent th.
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unpaid assessments, and bear interest at the rate of not to exceed
Isix per cent (6%) per annum, payable to bearer and provide a
,premium of five per cent (5%) of the unpaid principal thereof in I
Ithe event of call, will be issued hereunder in the manner provided
in the Improvement Act of 1911, Part 5, Division 7 of the Streets
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land Highways Code, the last installment of which bonds shall maturq
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'not to exceed fourteen (14) years from the second day of January
next succeeding the next September 1st following their date.
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18. Except as herein otherwise provided for the issuance of
bonds, all of said acquisitions and improvements shall be made
and done pursuant to the provisions of the Municipal Improvement
Act of 1913.
19. Said proposed acquisitions and improvements are hereby
referred to the Engineer of Work, being a competent person employed
by said Council for that purpose; and said Engineer of Work is
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hereby directed to make and file with the City Clerk a report in
writing., presenting the following:
a) Maps and descriptions of the facilities, lands,
rights and easements to be acquired;
b) Plans and specifications of the proposed improve-
ments to be made pursuant to this Resolution;
c) Engineer's statement of the itemized and total
estimated costs and expenses of said acquisitions and
improvements and of the incidental expenses in connection
therewith;
d) Diagram showing the assessment district above
referred to, and also the boundaries and dimensions of
the respective subdivisions of land within said district
as the same existed at the time of the passage of this
Resolution of Intention and as shown on the tentative map
of Marin Bay Improvement District No. 2, as requested in
the petition, each of which subdivisions shall be given
a separate number upon said diagram;
e) A proposed assessment of the total amount of
the costs and expenses of the proposed acquisitions
and improvements upon the several subdivisions of Land
in said district in proportion to the estimated benefits
to be received by such subdivisions, respectively, from
said acquisitions and improvements, and of the expenses
incidental thereto.
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20. If any excess shall be realized from the assessment,
it shall be applied as a credit to each assessment herein.
1 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 Rafael, California, at a meeting
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thereof held on the l day of ��� ��— , 1962, by the
following vote of the members thereof:
AYES, and in favor thereof, Councilmen:
NOES, Councilmen:
ABSENT, Councilmen:
APPROVED:
City' Cerk of t e,' ity of gan Rafael
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