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Home My WebLink AboutCC Resolution 4072RESOLUTION OF INTENTION NO. 4072 IN THE MATTER OF THE CONSTRUCTION OF IMPROVEMENTS AND ACQUISITIONS IN VILLA REAL UTILITY UNDERGROUNDING ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA BE IT RESOLVED by the City Council of the City of San Rafael, Marin County, California, that it is the intention of said Council to order the following improvements and acquisitions to be made in Villa Real Utility Undergrounding Assessment District, City of San Rafael, Marin County, California, to wit: The removal of existing overhead electrical and com- munication facilities and the replacement thereof with underground electrical and communication facil- ities constructed at the same or different locations, located within the area shown on said Exhibit "A", together with the acquisition of any rights-of-way necessary thereto. The construction, reconstruction, relocation or con- version of electric or communication facilities, lo- cated upon any lot or parcel of land within the assess- ment district for which the owners of such lots or par- cels -of land within said assessment district shall have filed a written request for said construction, recon- struction, relocation or conversion of improvements and acquisition of any rights-of-way in accordance with the provisions of Section 5896.14 of the Streets and Highways Code of the State of California. BE IT RESOLVED that said improvements to be constructed in the streets, avenues, lanes, courts, roads, places and/or public ways hereinabove described, will be of dimensions, materials, and in the particular locations, as set forth and shown on the plans and specifications and detailed drawings hereinafter referred to; together with the construction of all appurtenances thereto, 0 1. , 6 -pi, 1A I including necessary fittings, trenchings, grading and regrading, excavation and fill, removal of obstructions, connections to exist- ing services, back filling, reconstruction of existing ground surface as required to conditions existing prior to commencement of construc- tion, all in the manner, of the materials, and to the dimensions and to the grades, and in the particular locations as the same will be more fully shown on the plans and specifications and detailed drawings hereinafter referred to; That the structures and work and improvements herein described shall be constructed to the grades, sub -grades and eleva- tions severally to be shown upon the plans and profiles and detailed drawings thereof in the respective locations thereof, which said grades are hereby adopted as the official grades therefor for all purposes in connection with the proceedings pursuant to this Reso- lution of Intention. Notice is hereby given that said grades may be new and different from those heretofore established or existing, or may be different from existing ground levels. All of said work shall include, without duplication, any and all street intersections, terminations and opposite termina- tions occurring within the limitations of said work. The attention of all persons is directed to the fact that not all of said classes of work above described may be constructed upon all the streets and/or public ways above described in their entirety, but only upon the particular locations as shown on the plans and specifications hereafter referred to, which said plans and specifications shall govern -as to all details with relation to the same. BE IT FURTHER RESOLVED that the City Council of the City of San Rafael hereby makes the expenses and costs of said improvements and acquisitions chargeable upon a district, which said district said Council hereby declares the district benefited by the improvements and acquisitions herein described; said district shall include that territory in the City of San Rafael, Marin County, State of California, which is shown on that certain map on file in the office of the City Clerk of the City of San Rafael, and which is entitled and described "Proposed Boundaries of Villa Real Utility Undergrounding Assessment District, City of San Rafael, County of Marin, State of California," and which said map indicates by a boundary line the extent of the territory included in the proposed district and covers all details as to the extent of the area to be assessed; said map is, by this reference, incorporated herein and made a part hereof. Excepting from the area shown and delineated on said map hereinabove referred to, the area of all public streets, avenues, lanes, roads, drives, courts, places, public parks, and all easements and rights-of-way therein contained belonging to the public, and also all property owned by the City of San Rafael, the County of Marin, the State of California, or the United States of America, contained therein, now in use in the performance of a public function. NOTICE IS HEREBY GIVEN that serial bonds to represent unpaid assessments, and bearing interest at the rate of not to exceed seven per cent (70) per annum, shall be issued herein in the manner provided in Division 10 of the Streets and Highways Code, the Improve- ment Bond Act of 1915, the last installment of which shall mature fourteen (14) years from the 2nd day of July next succeeding ten (10) months from their date. Proceedings for all work shall be taken pursuant to the Municipal Improvement Act of 1913, and the bonds hereinabove described shall be issued under the provisions of the Improvement Bond Act 3 1915 as heretofore described. BE IT FURTHER RESOLVED that in accordance with the pro- visions of Sections 10203 and 10204 of the Streets and Highways Code, being a part of the Municipal Improvement Act of 1913, the matter of the improvements and acquisitions herein referred to is hereby referred to ELY "CAILLOUETTE, JR., the person having charge and control of the improvements and acquisitions described in this resolution. Said person is hereby directed to make and file with the City Clerk of the City of San Rafael a report in writing contain- ing the following: a. Plans and specifications of the proposed improve- ment if the improvement is not already installed; b. A general description of the works or appliances already installed and any other property necessary or convenient for the operation of the improvement, if the works, appliances or property are to be acquired as part of the improvement; c. An estimate of the cost of the improvement and of the cost of lands, rights-of-way, easements and incidental expenses in connection with the improve- ment. If the legislative body in the resolution of intention ordered that private utility damages be included in the assessment, the report shall contain an estimate of private utility damages; d. A diagram showing the assessment district and the boundaries and dimensions of the subdivisions of land within the district as they existed at the time of the passage of the resolution of intention. Each subdivision, including each separate condomin- ium interest as defined in Section 783 of the Civil Code, shall be given a separate number upon the diagram. e. A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the several subdivisions of land in the district in proportion to the estimated benefits to be received by such subdivisions, respectively, 4 4 from the improvement. When any portion or percent- age of the cost and expenses of the improvement is ordered to be paid out of the treasury of the municipality, pursuant to Section 10200, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of the improvement, and the assessment upon property proposed in the report shall include only the remainder of the estimated cost and expenses. The assessment shall refer to the sub- divisions by their respective numbers as assigned pursuant to subdivision (d) of this section. BE IT FURTHER RESOLVED that if any surplus remains in the Improvement Fund after the completion of the improvements and the payment of all claims from the Improvement Fund, said surplus shall be distributed in accordance with Section 10427 of the Streets and Highways Code. BE IT FURTHER RESOLVED that it is the intention of said City of San Rafael to enter into an agreement with Pacific Gas & Electric Company under the terms of which the City of San Rafael will convey to the Pacific Gas & Electric Company, a system of underground electrical facilities in accordance with the provi- sions of Section 10109-10111, inclusive, of the Streets and High- ways Code of the State of California. BE IT FURTHER RESOLVED that it is the intention of said City of San Rafael to enter into an agreement with Pacific Telephone & Telegraph Company under the terms of which the City of San Rafael will convey to the Pacific Telephone & Telegraph Company, a system of underground telephone facilities in accordance with the pro-. visions of Section 10109-10111, inclusive, of the Streets and High- ways Code of the State of California. BE IT FURTHER RESOLVED that it is the intention of said City of San Rafael to enter into an agreement with TELE-VUE Systems Inc., under the terms of which the City of San Rafael will convey to the TELE-VUE Systems, Inc., a system of underground television facilities in accordance with the provisions of Section 10109-10111, 5 inclusive, of the Streets and Highways Code of the State of California. BE IT FURTHER RESOLVED that the City Council hereby finds that the public interest will not be served by allowing the prop- erty owners to take the contract for the work and improvements provided for in this Resolution of Intention. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the City Council of the City of San Rafael, Marin County, California, at a regular meeting thereof held on the 19th day of July, 1971, by the following vote, to wit: AYES: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: Barbie r MARION A. GRADY, City Clerk City of San Rafael, Marin County, California 6