HomeMy WebLinkAboutCC Resolution 2696RESOLUTION OF INTENTION NO. 2G RESOLUTION OF INTENTION IN THE MATTER OF THE CON- STRUCTION AND THE ACQUISITION OF CERTAIN IMPROVE- MENTS AND RIGHTS-OF-WAY IN EAST SAN RAFAEL ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, SARIN COUNTY, STATE OF CALIFORNIA BE IT RESOLVED by the City Council of the City of San Rafael, County of Marin, State of California, that it is the intention of the said City Council to order the following work to be done and improvements to be made and acquired in the City of San Rafael, County of Marin, California, to wit: STREET IMPROVEMENTS The acquisition of rights-of-way, grading, construction of curbs and gutters, paving, drainage facilities, sanitary sewer facilities, water facilities and appur- tenances thereto necessary to the improvement of the following streets: 1. Bellam Boulevard from its intersection with the existing interchange structure at U.S. 101 and State Route 69 to its intersection with Canal Street. 2. West Railroad Avenue from its intersection with State Route 69 to the intersection with proposed Bellam Blvd. 3. Rafael Street from its intersection with proposed Bellam Boulevard to its intersection with Canal Street. 4. Belvedere: Street from its intersection with pro- posed Bellam Boulevard to the end of the existing improvements at the proposed district boundary. 5. Market Street from its Southeasterly termination to the end of the existing improvements at the proposed district boundary. 6. Lisbon Street from its intersection with proposed Bellam Boulevard to its Northwesterly termination. MAJOR DRAINAGE IMPROVEMENTS 1. The acquisition of a site for and the construction of a storm drainage pumping station together with necessary appurtenances within a portion of East Railroad Avenue at a point fronting Lots 2 and 3 in Block 20, Map of East San Rafael. 2. The acquisition of rights-of-way for and construction of a force main from the proposed pump station, . fol- !o,.ving generally the Westerly right-of-way lime of East Railroad Avenue as shown on the Map of East San Rafael, and discharging into San Rafael Canal, together with all appurtenances necessary thereto. 3. The acquisition of rights-of-way for and construction of a storm drainage channel together with necessary culverts, structures and other appurtenances from an existing drainage structure under State Route 69 at a point approximately fronting Lots 5 & 6 in Block 23, Map of East San Rafael, passing through Blocks 23, 22, 21, and 20 as sho'��n on said map, and terrainat- ing at the proposed purap station. BE !T FURTHER RESOLVED that said improvements be con- structed and acquired in the said streets, avenues, roads, lanes, courts, places and/or public ways hereinabove described, of the dimensions, materials, and in the particular locations to be set forth and shown on the plans and specifications and detailed drawings hereinafter referred to; together with the construction of all appurtenances thereto, including necessary fittings, trenchings, grading and regrading, excavation and fill, removal of obstructions, connections to existing services, back filling, reconstruction of existing ground surface as required to conditions existing prior to cormencement of construction, all in the manner, of the materials and to the diamensions and to the grades and in the particular loca- tions as the same will be more fully shown; on the plans and specifica- tions and detailed drawings hereinafter referred to; That the structures and work and improvements herein described 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 and established as the official grades therefor for all purposes in connection with proceedings pursuant to this Resolution of ln"Gention; notice is hereby further given that said grades may be, in part, new and different from those heretofore established or existing, or way be different from existing ground levels; Excepting from all of the herein described work all of said work that has already been done to the lines and grades to be shown on said plans and profiles, and in accordance with said plans and specifications; All of said work shall include, withouuduplication, any ai all street intersections, terminations and opposite terminations occurring within the limitations of said work. The attention of all persons is directed to the fact tr all of said classes of work above described may not be constri upon all of the streets and/or public ways above described it -2- 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 hereby finds that said work and improvements are of more than local or ordinary public benefit and that therefore said City Council hereby makes the expenses and costs of said work and improvements chargeable upon a district, which said district said City Council hereby declares the district benefited by the work and improvements herein described; said district shall include that territory in the City of San Rafael and the County of Marin, California, 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, "Map Showing Boundaries of District Proposed to be Assessed for East San Rafael Assessment District No. 2, City of San Rafael, County of Marin, State of California". Excepting from the area shown and delineated on said map or plat, hereinabove referred to, the.area of all public streets, avenues, lanes, roads, drives, courts, places, public parks, and all easements and rights-of-way therein contained belonging to the public, and also excepting from the area shown, and delineated on said reap all property owned by the United States of America, the State of California, the County of Marin, the City of San Rafael, and any other public agent mandatory of the Government, school board, educational, penal or reform institution or institution for the _Feeble-minded or the insane which is in use in the performance of a public function, and also specifically excepting therefrom any property belonging to the United States of America or the State of California, whether in use in the performance of a public function or otherwise. NOTICE IS HEREBY GIVEN that serial bonds shall be issued in the manner and form provided in Part 5, Division 7, of the Streets and Higlvays Code of the State of California (Improvement Act of 1911) to represent unpaid assessments of Fifty Dollars ($50.00) -3- or over, which said bonds shall bear interest at a rate not to exceed 6% per annum and the last installment of :which bonds shall mature fourteen (14) years from: the 2nd day of January next succeeding the next September lst following their date. Said bonds shall be payable to bearer, and there shall be added to the redemption clause in said bonds the following words: << ..together with a premiu_n of five per cent .(5%) of said unpaid principal . " Proceedings for all work shall be taken pursuant to the Municipal Improvement Act of 1913, except that the bonds herein- above described shall be issued under the Improvement Act of 1911, as heretofore described. BE IT FURTHER RESOLVED that in accordance with the provisions of Section 10203 and 10204 of the Streets and Highways Code, being a part of the Municipal Improvement Act of 1913, the matter of the Improvements herein referred to is hereby referred to WHITLOW, HOFFMAN.0 ALBRITTON, civil and Structural Engineers, and the persons employed by this City Council for the purpose of having charge and control of the public improvements described in this resolution. Said WHITLOW, HOFFKAN & ALBRITTON, Civil and Structural Engineers, are hereby directed to make and file with the City Clerk of the City of San Rafael a report in writing containing the follow- ing: (a) Plans and specifications of the proposed improvement if the improvement is not already installed. (b) A general description of works or appliances already installed and any other property necessary or convenient for the operation of the irnprovement, if the works, appliances or property are to be acquired as part of the improvement. (e) A detailed description of the easements and rights-of-way to be acquired in connection with the improvement. (d) A diagram showing the assessment district - and the boundaries and dimensions of the sub- divisions of land within the district as they existed at the of the passage of the Resolution of Inlenticn. Each subdivision shall be given a separate number upon the diagram. (e) An estimate of the cost of the improvement and of the cost of lands, rights-of-way, easements, and incidental expenses in con- nection with the improvement. (f) A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the several subdivions of land in the district in proportion to the estimated benefits to be received by such subdivisions, respectively, from the improvement. BE IT FURTHER RESOLVED that prior to the filing of said report with the City Clerk of the City of San Rafael, said WHITLOW, HOFFMAN & ALBRITTON shall obtain from the Director of Public Works of the City of San Rafael written approval of the items contained in said report. BE IT FURTHER RESOLVED that if any excess shall be realized from the proceeds of the assessment and/or bonds issued to represent the same, it shall be applied as a credit to each assessment levied pursuant to said provisions of the Municipal Improvement Act of 1913 in proportion to the amount of each of said assessments. I HEREBY CERTIFY that the foregoing Resolution was duly and regularly adopted by the City Council of the City of San Rafael, California, at a regular meeting thereof, held on the 5th day of November, 1962, by the following vote, to wit: AYES: Councilmen Aby, Baar, Jensen, Menary and Mayer McInnis NOES: Councilmen ABSENT: Councilmen W. L MORGAN W. L. MORGAN, City Clerk, City of San Rafael, County of Marin, State of California. W. C. ORNWELL DI:PU�Y CITY CLERK —5— (SEAL)