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HomeMy WebLinkAboutCC Resolution 2902RESOLUTION NO. " A RESOLUTION OF INTENTION TO SELL ELECTRIC AND GAS DISTRI- BUTION AND TELEPHONE IMPROVEMENTS WITHIN MARIN BAY IMPROVEMENT DISTRICT NO. 2 IN THE CITY OF SAN RAFAEL AND PROVIDING FOR NOTICE AND HEARING THEREON RESOLVED, by the City Council of the City of San Rafael, California, that WHEREAS, on March 19, 19062, the City Council of said City adopted its Resolution No. 2575, A Resolution of Intention to Acquire and Construct Improvements by special assessment and assessment bond proceedings, Marin Bay Improvement District No. 2, which proceedings include the acquisition of a right of service in telephone and electrical and gas facilities together with all appurtenances thereto; WHEREAS, said improvements are generally described in said Resolution 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 and gas facilities lie with- in 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 and gas facilities may become useful for the purposes for which they are constructed, it is necessary that they be connected to operating telephone and electric and gas distribution systems; WHEREAS, said City does not now own or operate a public tele- phone and electric and gas system to which connection of said tele- phone and electric and gas facilities may be made, and the City cannot economically operate and maintain such telephone and electric and gas facilities; and WHEREAS, said existing private utility companies operate, re- spectively, telephone and electric and gas systems within areas ad- jacent to Marin Bay Improvement District No. 2, to which certain segments of the telephone and electric and gas facilities may be connected, and each private utility is willing to purchase portions of the improvements which are susceptible of service by it, upon terms and conditions as agreed to by each of said public utilities and said City, and to furnish telephone and electric and gas service to the properties assessed for the cost of the telephone and elec- tric and gas facilities through and by the said facilities upon terms and conditions and in accordance with applicable rules and regula- tions of each of said utilities as filed with the Public Utilities Commission of the State of California, subject to all changes, re- visions and amendments as may be ordered or approved by said Commission. NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED, as follows: le That the telephone and electric and gas facilities will not be useful for the purposes for which they were or are to be constructed in that the improvements cannot be connected to any existing public telephone and electric and gas system, and that arrangements have been or will be made for connection to the exist- ing 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 maintained by the City of San Rafael because said City does not own any tele- phone and electric and gas system to which the telephone and electric and gas 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 tele- phone or electric or gas 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 maintenance of said im- provements and providing telephone and electric and gas service; and that calling or advertising for bids prior to the sale herein proposed would be futile and useless under the circumstances and F 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 and gas facilities to be constructed to the Pacific Gas and Electric Company, each of which utilities 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, including standards, conduits and all necessary appurtenances shall continue to remain in the City, and said facilities are not included in the pro- posed sale to Pacific Gas and Electric Company. 3. That Monday, the 5th day of January, 1964, at the hour of 8000 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 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 hearing ob- jections, any owner of property assessed or being assessed to pay for the improvements proposed to be sold may make and deliver to the City Clerk of said City a written protest against the proposed sale. Failure to object in writing at said time will constitute a waiver of all objections to the proposed sale and a bar to any subsequent attack on the validity of such sale. 4. That the City Clerk of said City be, and he is hereby, di- rected 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. 3 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,k.Callfornia, at a meeting thereof held on theme;°µ`t of f 196 by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: b j I a y, Baal rbiff, Jenson, -gn'd Mayor Mcl.nHIS NOES, Councilmen: ABSENT, Councilmen: Peputj City Clerk of,/the City of Sar Rafael APPROVE,,