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 It ;acquisition and/or construction of the improvements hereinafter }i described. 1. Whenever any public way is referred to as running '1 '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 I (that work shall be shown on the plans to be done therein. i I! 2. Whenever any work is herein referred to as being con- ,structed in an easement, it will include all work in intervening :; Igor termini streets to the extent that work shall be shown on the I I1plans to be done therein. t 1 3. Said streets and highways are or will be more partieu- I 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 1 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. 3 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) i 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 4 Il I' I ;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 i opinion of this Council, are of more than local or ordinary public !benefit and said Council does hereby make the costs and expenses i 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- i 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 I j 17. Notice is hereby given that serial bonds to represent th. I 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 i I land Highways Code, the last installment of which bonds shall maturq I 'not to exceed fourteen (14) years from the second day of January next succeeding the next September 1st following their date. i� i 5 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 t 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. R 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 %t 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 7