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.
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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.
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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
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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 :
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City C rk of the City o San Rafael
APPROVED:
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