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. 2 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. 3 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 AP$R0 D r'