HomeMy WebLinkAboutCC Resolution 3204WJML:KIJ:amf' 2-1-3-65 30C RESOLUTION NO. A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS BY SPECIAL ASSESSMENT AND ASSESSMENT BOND PROCEEDINGS SAN RAFAEL CAYES 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 construct- ed 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. 4. All of said work and improvements have been or 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. Notice is hereby given of the fact that in many cases said work and improvement has brought or 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. 6. Said acquisitions and improvements are described as follows: ORInl�Al (a) The reclamation of the lands within the proposed assessment district as described in Section 14 hereof, with a levee and embankment along the northerly, easterly and southerly boundaries of the properties there- of, consisting of mud fill and rip-rap, together with appurtenant drainage structures, and mud dike within the area outside of San Rafael Cayes Unit 1 to form a drainage lagoon. (b) Mud and sand street fill under East Canal Street from its present easterly terminus southeasterly to the easterly boundary of San Rafael Cayes, Unit 1, Catalina Boulevard from Canal Street to the southerly boundary of San Rafael Cayes, Unit 1, Newport Boulevard from Canal Street to the northerly boundary of San Rafael Cayes, Unit 1, and Newport Way for its entire length. (c) Grading, base pavement and wearing surface, curbs, gutters, sidewalks; sanitary sewer mains, manholes, wye branches, laterals, cleanouts and appurtenances; storm drain pipes, protection grates, inlet structures, manholes, catch basins, end sections, and appurtenances; rights of service and use in water mains, valves, hydrants, services and appurtenances; street signs, street monuments, street barricades, street electroliers; rights of service and use in underground electrical and telephone facilities in all of said streets and in public easements within said Tract; a storm water pump station; a sanitary sewage pumping station and force main to the sewage treatment plant of the San Rafael Sanitation District; a sewage ejector station; and access roads. (d) The acquisition of rights and service and the construction of all improvements auxiliary to any of the above and necessary to complete the same. 2 7. 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. 8. 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. 9. 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. 10. 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. 11. The costs of the City of San Rafael incurred and to be incurred 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. 12. 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. 13. 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. :J 14. 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, the exterior bound- aries of which are the coterminous exterior boundaries of the property more particularly shown on a map thereof entitled "Assessment Diagram, San Rafael Cayes Improvement District No. One", on file in the office of the City Clerk, which indicates by a boundary line the extent of the territory included within the assessment district and which shall govern for all details as to the extent of said proposed district. 15. 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 hereafter to be made to cover the costs and expenses of said acquisi- tions and improvements. 16. 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 (5f) of the unmatured principal thereof in the event of call, will be issued hereunder in the manner provided in the Improvement Act of 1911, Part 5, Division 7 of the Streets and Highways Code, the last installment of which bonds shall mature not to exceed fourteen (14) years from the second day of January next succeeding the next September lst following their date. 17. Notice is further given that the City Council proposes to enter into agreements with Pacific Gas and Electric Company and Pacific Telephone & Telegraph Co. which agreements will provide, among other things, for the supplying by each public utility, respec- tively, of plans and specifications for the proposed electrical distribution system and telephone distribution system, respectively, for the performance of the work by said utilities of installing said electrical and telephone distribution systems, for the posting of labor, material and performance bonds by the utilities in connection L. with the performance of said work, for the ownership upon their completion of said electrical and telephone distribution facilities, respectively, by said utilities, and for the providing of service to applicants therefor in said assessment district by said utilities in accordance with the rates, rules and regulations now or hereafter established by the Public Utilities Commission of the State of Cali- fornia, and that said agreements shall become effective after pro- ceedings have been taken for the levy of the assessments and sale of bonds and funds are available to carry out their terms. 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 :deferred to the Engineer of Work, being a competent person employed by said Council for that purpose; and said Engineer is hereby direct- ed to make and file with the City Clerk a report in writing, present- ing the following: a) A general description of the works and appliances already installed and any other property necessary or convenient for the operation of the improvements; b) 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; c) Diagram showing the assessment district above referred to, and also the boundaries and dimensions of the respective subdi- visions within said district as the same existed at the time of the passage of this Resolution of Intention, each of which subdivisions shall be given a separate number upon said diagram; d) A proposed assessment of the total amount of the costs and expenses of the proposed acquisitions and improvements (exclusive of contributions) 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 paid to the Owners to the extent of the Owner's contribu- tions to the project, and thereafter used in such amounts as the Council may determine, in accordance with the provisions of law, for one or more of the following purposes: a) Transfer to the general fund of the City provided that the amount of any such transfer shall not exceed the lesser of $1,000 or 5% of the total amount expended from the improvement fund; b) As a credit upon the assessment and any supplemental assessment; or c) For the maintenance of the improvements. 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 meeting thereof held on the %day of �� � ,, , 1965, by the following vote of the members. thereof : AYES, and in favor thereof, Councilmen: Aby, Baar, Barbier, Jensen; NOES, Councilmen: ABSENT, Councilmen : V City C rk of the City o San Rafael APPROVED: ii4G iia or D