HomeMy WebLinkAboutResolution No. 6447 (Kerner Boulevard Improvements)RESOLUTION NO. 6447
RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS IN
KERNER BOULEVARD ASSESSMENT DISTRICT
The City Council of the City of San Rafael resolves:
This Council intends to order the following
improvements under the authority of the Municipal Improvement
Act of 1913:
a. The construction of Kerner Boulevard, Pelican Way,
and Morphew Street, including clearing, grading,
subbase, base, pavement, curbs and gutters, storm
drainage facilities, sanitary sewers and
appurtenances; a system of domestic water supply
including fire hydrants and other appurtenances;
street lights and underground electrical, gas,
telephone, and cable television facilities; and all
other improvements and facilities necessary for
completion of the street improvements, and the
acquisition of all necessary interests in real
property.
Kerner Boulevard is to be constructed from the
northwesterly boundary of Assessor's Parcel 9-290-29
in a southeasterly direction to the intersection with
Piombo Place and southwesterly to Francisco Boulevard.
Pelican Way is to be constructed from Francisco
Boulevard northwesterly for a distance of
approximately 950 feet.
Morphew Street is to be constructed from Francisco
Boulevard to the northwesterly boundary of Assessor's
Parcel 9-290-25.
b. The reconstruction of curb and gutter along the
northerly side of Francisco Boulevard from Morphew
Street to Pelican Way.
c. The construction of open space facilities
including pond grading, culverts for controlled tidal
flow, breakwater, planting and the acquisition of all
necessary interests in real property.
The assessment district will receive $400,000 from
sources other than assessment district bonds for use
in connection with the open space facilities. The
$100,000 contribution_ agreed to by property owners --
Forrest Morphew; Fred Grange; Horst Hanf and William
Poeschl; and Mario Ghilotti (Fairview Lands) will be
included in the bond issue and assessed only against
properties of said owners.
d. The payment of all amounts necessary to eliminate
any fixed special assessment liens previously imposed
upon any parcel to be assessed in the proposed
district, if such prepayment is dictated by sound
underwriting principles.
This Council finds that the land specially benefited
by the improvement is shown within the boundaries of the map
entitled, "Proposed Boundaries of Kerner Boulevard Assessment
District, City of San Rafael, Marin County, California." This
ORN-vi,,-NAL ID
RESOLUTION NO. 6447
map has been approved by the City Council and is now on file
with the City Clerk. The land within the exterior boundaries
shown on the map shall be designated Kerner Boulevard Assessment
District, City of San Rafael, Marin County, California.
This Council intends to levy a special assessment upon
the land within the described district in accordance with the
special benefit to be received by each parcel of land,
respectively, from the improvement. There shall be omitted from
special assessment all public streets, alleys and places and all
land belonging to the United States, the State of California,
the County of Marin and this City now in use in the performance
of a public function.
The proceedings are being taken pursuant to those
provisions of Chapter 11.16 of the Municipal Code of the City of
San Rafael which are applicable thereto, as set forth in Section
11.16.130 of said Code.
Where any disparity occurs in level or size between
the improvement and private property, this Council determines
that it is in the public interest and more economical to
eliminate the disparity by doing work on the private property
instead of adjusting the work on public property. Accordingly,
work may be done on private property for this purpose with the
written consent of the landowner.
This Council intends to enter into agreements with the
following entities, under the provisions of Section 10110 of the
Streets and Highways Code, inasmuch as certain facilities
included in the improvement are to be under their ownership,
management and Control.
Pacific Gas & Electric Company
Marin Municipal Water District
Pacific Telephone & Telegraph Company
Tele-Vue Systems, Inc., dba Viacom
San Rafael Sanitation District
Serial bonds representing unpaid assessments, and
bearing interest at a rate not to exceed the maximum rate
permitted by law at the time of issuance of bonds, will be
6
RESOLUTION NO. 644',
issued in the manner provided by the Improvement Bond Act of
1915 (Division 10, Streets and Highways Code), and the last
installment of the bonds shall mature not to exceed nineteen
(19) years from the second day of July next succeeding ten (10)
months from their date.
This Council appoints the Director of Public Works of
the City of San Rafael as Engineer of Work for this project, and
directs the preparation of the report required by Section 10204
of the Streets and Highways Code.
In the opinion of this Council, the public interest
will not be served by allowing owners of assessable lands to
enter into a contract for the work of improvement as otherwise
permitted in Section 10502.2 of the Streets and Highways Code.
The amount of any surplus remaining in the improvement
fund after completion of the improvement and payment of all
claims shall be transferred to the general fund if the surplus
does not exceed the lesser of one thousand dollars ($1000) or
five percent (5%) of the total amount expended from the fund.
0
Otherwise the entire surplus shall be applied as a credit on the
assessment as provided in Section 10427.1 of the Streets and
Highways Code.
I, JEANNE M. LEONCINI, Clerk of the City of San
Rafael, California, hereby certify that the foregoing resolution
was duly and regularly introduced and adopted at a regular
meeting of the Council of said City held on the 15th day of
November, 1982, by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JerNEM. LEONCIN1,, City Clerk
3