HomeMy WebLinkAboutCC Resolution 2749RESOLUTION NO. i- G A RESOLUTION OF INTENTION TO ACO,,UIPZ AND CONSTRUCT IMPROVEMENTS BY SPECIAL ASSESSMENT AND ASSESSMENT BOND PROCEEDINGS NORTHGATE INDUSTRIAL PARK, UNIT ONE RESOLVED, by the City Council of the City of San Rafael, California, that it is the intention of said Council to order the acquisition and construction of the improvements hereinafter described. 1. Whenever any public way is referred to as running between two public ways, or from or to any public way, the intersections of the public ways referred to are included to the extent that work shall be shown on the plans to be done therein. 2. Whenever any work is herein referred to as being constructed in an easement, it will include all work in intervening or termini streets to the extent that work shall be shown on the plans to be done therein. 3. Said streets and highways are or will be more particularly 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. �. All of said work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes, 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 plans, profiles and specifications. 6. Notice is hereby given of the fact that in many cases 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. 7. Said acquisitions and improvements are described as follows: (a) The improving of Mitchell Boulevard, Paul Drive, Mark Drive and Carole Drive for their entire lengths and widths in Northgate Industrial Park, Unit One, by grading and the construction therein of base pavement and wearing surface, standard curbs, gutters and side- walks, street signs, monuments, barricades, storm drainage facilities and sanitary sewer mains, manholes, rodding inlets, wye branches, laterals and appurtenances. (b) The acquisition of street fill under said streets, including reasonable sloping and surcharge placement and removal necessary for compaction to finished grade. (c) The acquisition of the existing corrugated metal storm drain pipe and appurtenant drainage structures in the easterly side of Frontage Road from a point about 440 feet southerly of the southerly line of Mitchell Boulevard to the northwesterly corner of the lands of Bain, thence easterly about 200 feet. (d) The improving of that portion of the easterly side of Frontage Road on which Northgate Industrial Park has frontage, by grading and the construction of standard curbs, gutters and sidewalks and overlay of pavement at Mitchell Boulevard. (e) The improving of public drainage easements and drainage channels marked Parcels "A", "B", "C ", "D" and "E" on the map of Northgate Industrial Park, Unit One, by the construction of turning structures, drainage structures, headwalls, drain pipe, tidegates, cutoff walls, end sections, culverts, manholes, and channel fill, excavation and shaping, all as necessary to carry water from the streets to existing and proposed channels and thence to ultimate disposal areas, and as necessary to protect upstream proper- ties from tidewater. (f) The construction of water mains, valves, hydrants, services and appurtenances in public streets and easements in Northgate Industrial Park, Unit One, as necessary to provide water service to all lots or parcels of land therein requiring same. (g) The construction of electrical distribution facili- ties, telephone distribution facilities, and a street lighting system as necessary to provide such services to said property. (h) An off-site main trunk sanitary sewer line and appurtenances to transmit sewage from Northgate Industrial Park, Unit One, to the sewage treatment plant of the Las Gallinas Valley Sanitary District, to be constructed by said District, and the acqui- sition of disposal rights in the existing facilities of said District. (i) The acquisition of all lands, property and the construction facilities and works auxiliary and necessary to complete the 2 easements, rights and of all improvements, to any of the above same. 8. That the acquisition price of said improvements and property and rights to be acquired by the City in said proceedings be fixed at the actual cost thereof, and that said amount be paid solely from the proceeds of assessments and sale of assessment bonds. 9. That the amounts of such payments be fixed by certificates 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 thereof, 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 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 in- curred 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 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 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. 3 15. Said contemplated acquisitions and improvements, in the opinion of this Council, are of more than local or ordinary public benefit and said Council does hereby make the costs and expenses thereof chargeable upon an assessment district, which district said Council declares to be the district benefited thereby, the exterior boundaries of which are the coterminous exterior boundaries of Northgate Industrial Park, Unit One, 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 pro- posed district and which shall govern for all details as to the extent of the assessment district, to which reference is hereby made. 16. Said Council further declares that all public streets and highways within said assessment district in use in the performance of a public function as such, shall be omitted from the assessment here- after to be made to cover the costs and expenses of said acquisitions and improvements. 17. Notice is hereby given that serial bonds to represent the unpaid assessments, and bear interest at the rate of not to exceed six per cent (6%) per annum, payable to bearer and provide a premium of five per cent (5%) of the unpaid principal thereof in the event of call, will be issued hereunder in the manner provided in the Improve- ment Act of 1911, Part 5, Division 7 of the Streets and Highways Code, the last installment of which bonds shall mature not to exceed ( ) years from the second day of January next succeeding the next September lst following their date. 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 is hereby directed 4 to make and file with the City Clerk a report in writing, presenting the following: a) Plans and specifications of the proposed improvements not already installed; b) A general description of the works and appliances already installed and any other property necessary or conven- ient for the operation of the improvements; c) Engineer's statement of the itemized and total esti- mated 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 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 Northgate Industrial Park, Unit One, 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 improve- ments 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 improve- ments, and of the expenses incidental thereto. 20. If any excess shall be realized from the assessment, it shall be applied as a credit to each assessment herein. 5 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 Rafael, California, at a meet- ing thereof held on the day of 1962, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Iffy, Waar, Jensen, Venary and Mayor McInnis NOES, Councilmen: 1_ - .. ' ABSENT, Councilmen: __-- 11 - APPROVED: W. L. MORGAN City Clerk of the City of San Rafael W. C. CORNWE Deputy City erk