HomeMy WebLinkAboutCC Resolution 28514 i
RESOLUTION NO.
A RESOLUTION ORDERING THE SALE OF ELECTRIC
DISTRIBUTION AND TELEPHONE IMPROVEMENTS
WITHIN NORTHGATE INDUSTRIAL PARK, UNIT ONE
IN THE CITY OF SAN RAFAEL
RESOLVED, by the City Council of the City of San Rafael,
California, that
WHEREAS, on the lst day of July, 1963, said Council adopted its
Resolution No. 2815, A Resolution of Intention to Sell Electric
Distribution and Telephone Improvements within Northgate Industrial
Park, Unit One, in the City of San Rafael, and Providing for Notice
and Hearing Thereon, wherein said Council declared its intention to
sell certain electric distribution and telephone improvements more
particularly therein described;
WHEREAS, said resolution was published once a week for two
weeks in the San Rafael Independent -Journal, a newspaper of general
circulation in said City, in the manner provided by law;
WHEREAS, this is the time and place fixed in said resolution
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;
WHEREAS, no persons who are owners of property assessed or
being assessed to pay for the construction of the electric distri-
bution and telephone facilities, hereinafter referred to as the
"improvements", protested said sale in writing and all persons
interested desiring to be heard were given an opportunity to be
heard, and all matters and things pertaining to said proposed sale
of said improvements were fully heard and considered by said Council.
NOW, THEREFORE, said Council does hereby FIND, DETERMINE and
ORDER, as follows:
1. That the sale of the improvements will be for the best
interests of said City.
2� That protests against the proposed sale of the improve-
ments were made by less than ten per cent (101%) of the owners of
the property assessed or being assessed to construct the improve-
ments and that; said protests be, and each of them is hereby,
overruled,
3. That the improvements (except the street lighting system
including standards. conduits and all necessary appurtenances,
title to wh�_ch is tG ',)e retained by the City, will not be useful
for the purpose for which they were or are to be constructed, in
that the improvements cannot be connected to any existing public
electric system or public telephone system, and that arrangements
have been or will be made for connection to the existing private
utility systems of the Pacific Gas and Electric Company and the
Pacific Telephone and Telegraph Company; that the improvements
cannot be economically and efficiently operated and maintained by
the City of San Rafael because said City does not own any electric
system or telephone system to which the 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 pr_ov.ding electric or telephone service; that said
Pacific Gas and. Electric Company is the only utility or person or
corporation 11-hai=ha5 t'he facilities, personnel or ability for the
operation and maint.exiance of said electric distribution -facilities
fog; providing ,electric service, and that said Pacific Telephone and
Telegraph Company is the only utility or person or corporation
that has the facilities, personnel or ability for the operation and
maintenance of said telephone facilities for providing telephone
service; and that calling or advertising for bids prior to the
sale herein proposed would be futile and useless under the circum-
stances and would not result in competitive bidding, and that the
public interest will be furthered by the sale of said improvements
as herein provided without, first calling or advertising for bids.
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4. That the electric distribution improvements be sold to
the Pacific Gas and Electric Company, and that the telephone
improvements be sold to the Pacific Telephone and Telegraph Company
without first calling for bids; that the sale be conditioned upon
each purchaser maintaining and operating the respective improve-
ments for the purpose of providing, respectively, electric service
and telephone service; and that the contracts of sale be made upon
the terms and conditions and in accordance with the 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 the Commission,
5. That the proceeds of the sale of the improvements, if any,
shall be distributed in accordance with the provisions of the
agreement of sale, maintenance and operation and for the conveyance
of the improvements to be hereafter entered into.
6. That the sale of electric facilities by the City to the
Pacific Gas and Electric Company, and sale of the telephone facilj.-
ties by the City to the Pacific Telephone and Telegraph Company,
be, and it is hereby, authorized and approved, and that the agree-
ment for sale, maintenance and operation of electric facilities
and for conveyance thereof by and between the City of San Rafael,
Northgate Industrial Park, a joint venture, and the Pacific Gas and
Electric Cimpany, copies of which have heretofore been submitted to
the City, be, and it is hereby accepted and approved, and that the
Mayor of the City is hereby authorized to execute said agreement on
behalf of the City, and the City Clerk is authorized and directed
to attest his signature and affix the corporate seal of the City
thereto, in quintuplicate, and to deliver copies of said agreement
to the Pacific Gas and Electric Company and to Northgate Industrial
Park, together with certified copies of this resolution.
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I hereby certify that the foregoing is a fully true and
correct copy of a resolution duly passed and adopted by the City
Council of the City of SanA Rafael, California, at a meeting
thereof held on the /q/7&y of 196,x, by
the following vote of the members they of:
AYES, and in favor thereof, Councilmen: Aby, Baar, Barbier, Jensen, and Mayo; MoInniS
NOES, Councilmen:
ABSENT, Councilmen:
Deputy City Clerk of he City of San Rai'a`el
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