HomeMy WebLinkAboutCC Resolution 2815RESOLUTION NO.
A RESOLUTION OF INTENTION TO SELL ELECTRIC DISTRIBUTION
AND TELEPHONE IMPROVEMENTS WITHIN NORTHGATE INDUSTRIAL
PARK, UNIT ONE, IN THE CITY OF SAN RAFAEL AND PRO-
VIDING FOR NOTICE AND HEARING THEREON
RESOLVED, by the City Council of the City of San Rafael,
California, that
WHEREAS, on March 4, 1963, the City Council of said City
adopted its Resolution No. 27+9, A Resolution of Intention to
Acquire and Construct Improvements by Special Assessment and
Assessment Bond Proceedings, Northgate Industrial Park, Unit One,
which proceedings include the construction of telephone and
electrical facilities together with all appurtenances thereto;
WHEREAS, said improvements are generally described in said
Reoolution of Intention, and are more particularly shown on the
plans and specifications filed with the City Clerk pursuant to
said special assessment proceedings;
WHEREAS, said telephone and electric facilities lie within
the respective service areas of the Pacific Telephone and
Telegraph Company and the Pacific Gas and Electric Company,
existing private utilities;
WHEREAS, in order that said telephone and electric facili-
ties may become useful for the purposes for which they are
constructed, it is necessary that they be connected to operating
telephone and electric distribution systems;
WHEREAS, said City does not now own or operate a ;public
telephone and electric system to which connection of said tele-
phone and electric facilities to be installed may be made, and
the City cannot economically operate and maintain such telephone
and electric facilities; and
WHEREAS, said existing private utility companies operate,
respectively, telephone and electric systems within areas adjacent
to Northgate Industrial Park, Unit One, to which certain segments
of the telephone and electric facilities may be connected, and
each private utility is willing to purchase portions of the improve-
ments which are susceptible of service by it, upon terms and con-
ditions as agreed to by each of said public utilities and said
City, and to furnish telephone and electric service to the proper-
ties assessed for the cost of the telephone and electric facilities
through and by the said facilities upon terms and conditions and
in accordance with applicable rules and regulations of each of
said utilities as filed with the Public Utilities Commission of
the State of California, subject to all changes, revisions and
amendments as may be ordered or approved by said Commission.
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED,
as follows:
1. That the telephone and electric facilities will not be
useful for• the purposes for which they were or are to be con-
structed, in that the improvements cannot be connected to any
existing public telephone and electric system, and that arrange-
ments have been or will be made for• connection to the existing
private utility systems of the Pacific Telephone and Telegraph
Company and the Pacific Gas and Electric Company; that the improve-
ments cannot be economically and efficiently operated and main-
tained by the City of San Rafael because said City does not own
any telephone and electric system to which the telephone and
electric facilities to be installed could feasibly be connected;
that said City has no facilities, personnel or ability for the
operation and maintenance of said improvements for providing or
supplying telephone or electric service; that said Pacific
Telephone and Telegraph Company and Pacific Gas and Electric
Company are the only utilities or persons or corporations that have
the facilities, personnel or ability for the operation and
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maintenance of said improvements and providing telephone and
electric service; and that calling or advertising for bids prior
to the sale herein proposed would be futile and useless under the
circumstances and would not result in competitive bidding and that
the public interest will be furthered by the sale herein provided
without first calling or advertising for bids.
2. That it is the intention of the City Council of the City
of San Rafael to sell the telephone facilities to be constructed
to said existing private utility, the Pacific Telephone and
Telegraph Company, and to sell the electric facilities to be con-
structed to the Pacific Gas and Electric Company, each of which
ixtilities service the area of the assessment district, for the
reasons hereinabove stated without calling or advertising for bids.
That title to the proposed street lighting system, in-
cluding standards, conduits and all necessary appurtenances shall
continue to remain in the City, and said facilities are not in-
cluded in the proposed sale to Pacific Gas and Electric Company.
3. That Monday, the 5th day of August, 1963, at the hour of
8:00 o'clock P.M., in the regular meeting place of said Council,
Council Chambers, City Hall, San Rafael, California, be, and the
same are hereby appointed and fixed as the time and place when and
where persons objecting to the proposed sale may appear before said
Council and show cause why the proposed sale shall not be made.
At said time and place any owner of property assessed or being
assessed to pay for the construction of the improvements proposed
to be sold may appear before the Council and object to the sale.
At any time not later than the time set above for hear-
ing objections, any owner of property assessed or being assessed
to pay for the construction of the improvements proposed to be sold
may make and deliver to the City Clerk of said City a written pro-
test against the proposed sale. Failure to object in writing at
said time will constitute a waiver of all objections to the pro-
posed sale and a bar to any subsequent attack on the validity of
such sale.
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4. That the City Clerk of said City be, and he is hereby,
directed to give notice of said hearing by causing this resolution
to be published once a week for two successive weeks in the San
Rafael Independent -Journal, a newspaper of general circulation in
said City.
I hereby certify that the foregoing is a full, true and
correct copy of a resolution duly passed and adopted by the City
Council ofthe City of San Raf e , California, at a meeting thereof
held on the /� day of 1963, by the following
vote of the members thereof:
AYES, and in favor thereof, Councilmen:
Aby, Baar, Barbier, Jensen, and Mayor- McInak
NOES, Councilmen:
ABSENT, Councilmen:
APPROVED:
L Mayor
V1. L. MORGAN
City Clerk of the City of San Rafael
91
— Deputy
