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HomeMy WebLinkAboutTC Res 1967-12-11 (4) RESOLUTION OF INTENTION NO. 180 IN THE ~IATTER OF THE CONSTRUCTION OF HIPROVHiENTS AND THE ACQUISITIONS TO BE MADE I~ EL MARI!\ERO ASSESSMENT DISTRICT NO. 1967-1, CITY OF TIBURON, COUNTY OF ~IARIN, STATE OF CALIFORNIA BE IT RESOLVED by the City Council of the City of Tiburon, County of Marin, State of California, that it is the intention of said City Council to order the following improvements and acquisitions to be made in El Marinero Assessment District No. 1967-1, City of Tiburon, County of Marin, State of California to wit: The improven~nt of Suger Loaf Drive from its existi~g westerly terminus to the westerly limit of the assess- ment district, the improvenent or Phyllis Drive froD its existing westerly terminus to the southerly limit of the assessment district, the improvesent of Phyllis Court from the ?roposec Phyllis Driv~ to its northerly terminus, by cleari~g, grubbing, gra1ing, renoval of existing trees, shrubs, and st~uctures, ane the construction th~rein or base, ~2v~ment, cu:b~,.gutt~rs, surf~ce.end subsurface storm aralnage facllltles wnere re1ulrea, and ell appur- tenances thereto. The construction of sanitary sewer mains, laterals, cleanouts and manholes, together with all appurtenances thereto, in easements to be acquired, within and without the limits of this subdivision, to provide service to all lots within the assessment district, together with connec- tions to existing sanitary sewer facilities of Sanitary District No.5, Tiburon, California. The construction of water mains, valves, hydrants" to- gether with all appurtenances thereto, in easements to be acq~ired to provide service to all lots within the asse5s~ent dis~rictJ together with connections to existing water facilities of the Marin Municipal Water District. The construction and installation of underground electrical, gas and telephone facilities as necessary to provide such service to said property. The acquisition of all lands and ease~ents and the construc- tion of all improvements and the performance of all work auxiliary to any of the above which may be necessary to complete the same. The ac;uisition of capacity in existing iDprovements represented by the payoff of Bonds ~~S. 1, 3 and 4, Series t:o. 6079, nsrinero P,esidence No.'l,'Unit 170.2, County of :'lurin, State of California. The acquisition of sanitary sewer facilities previously installed on Sugar Loaf Drive. -1- (' r', r-' r-~'" ro. ~ r' j ': r.~' . .~. ' _~'. .~" l l-_ .. \e..._ ,. "'- >".. 'c, "'- ..~= 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 dimensiohs, materials, and in the particular locations, as set forth and shown on the plans and specifications and detailed drawings hereinafter refer- red to; together with the construction of all appurtenances thereto, including necessary fittings, trenchings, grading and regrading, excavation and fill, removal of obstructions, con- nections to existing services, back filling, reconstruction of existing ground surface as required to conditions existing prior to commencement of construction, all in the manner, of the materials, .and to the dimensions and to the grades, and in the particular locations as the same \~ill be more fully shown on the plans and specifications and d~tailed drawings herein- after referred to; That the structures and work and improvements herein described shall be constructed to the grades, sub-grades and elevations 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 Resolution of Intention. Notice is hereby given that said grades may be new and different from those hereto- fore 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 terminations 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 -2- 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 Tiburon hereby makes the expenses and costs of said improvements and acquisitions chargeable upon a district, which said district said City Council hereby declares the district benefited by the improvements and acquisitions herein 'described; said district shall include that territory in the City of Tiburon, County of Marin, State of California, which is shown on that certain map on file in the office of the City Clerk of the City of Tiburon, and which is entitled and described "Proposed Boundaries of El ~larirrero Assessment District No. 1967-1, City of Tiburon, 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, incor- porated 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 Tiburon, the County of ~larin, the State of California, or the United States of America, contained therein, now in use in the perform- ance of a public function. NOTICE IS HEREBY GIVEN that serial bonds to represent unpaid assessments, and bearing interest at the rate of six per cent per annum shall be issued in the manner and form provided in Part 5, Division 7 of the Streets and Highways Code of the State of California (Improvement Act of 1911) to represent -3- unpaid assessments of Fifty Dollars ($50.00) or over, the last installment of which bonds shall mature fourteen (14) years from the 2nd day of January next succe~ding the next September 1st following their date. Said bonds shall be payable to bearer, and may be redeemed as provided in the Im~rovement Act of 1911, and there shall be added to the redemption clause in said bonds the following words: ".....together ldth a premium of five per cent (5%) of the unmatured principal." In case of default, there shall be added to the defaulted amount one (1) per cent of the amount thereof, and on the 1st day of each month following such default there shall be added a further penalty of one (1) per cent of such defaulted amount. The one (1) per cent penalty first imposed shall be retained by the Treasurer as a cost of servicing the delinquency and all subsequent penalties shall be paid to the holder of the bond along with and as a part of such defaulted payment. Proceedings for all work shall be taken pursuant to the ~unicipal Improvement Act of 1913, and the bonds herein- above described shall be issued under the provisions of the Improvement Act of 1911 as heretofore described. BE IT FURTHER RESOLVED that this City Council hereby finds that the Special Assessment Investigation Limitation and Majority Protest Act of 1931 does not apply to these proceedings. BE IT FURTHER RESOLVED that in accordance with the provisions of Sections 10203 and 10204 of the Streets and High- ways 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 RHODES AND BURTON, the firm having charge and control of the improvements and acquisitions described in this resolution. Said RHODES AND BURTON are - 4 - hereby directed to make and file with the City Clerk of the City of Tiburon a report in writing containing the following: a. Plans and specifications of the proposed improvement if the improvement is not already installed; b. A general description of the works or appliances already installed and any other property necessary or ~orivenient for the operation of the improve- ment, 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-Nay, easements and incidental expenses in connection with the im- provement. If the legislative body in the reso- lution 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 shoNing 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 condo- minium 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 estimate~ benefits to be received by such subdivisions, respectively, from the improvement. When any portion or per- centage 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 re- mainder of the estimated cost and expenses. The assessment shall refer to the subdivisions bv 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 transferred to the general fund of the City if it does not exceed the lesser of $1,000.00 or five (5) per cent of the total amount expended from the Improvement Fund; other- wise said surplus shall be applied as a credit upon the assess- ment in the manner provided in Section 10427.1 of the Streets and !Ii ghh'ays Code. - 5 - BE IT FURTHER RESOLVED that it is the intention of said City Council to enter into an agreement with SANITARY DISTRICT NO.5 OF }~RIN COUNTY, under the terms of which the Ci~y of Tiburon will convey to the Sanitary District the sanitary sewage disposal system in accordance with the provisions of Section 10109- 10111, inclusive, of the Streets and Highways Code of the State of California. BE IT FURTHER RESOLVED that it is the intention or said City Council to enter into an agreement \vith the PACIFIC GAS AND ELECTRIC COl'fPA1'Y, under the termp of l.vhich the City of T iburon 'vi 11 convey to the PACIFIC GAS AND ELECTRIC COMPANY the underground elec- trical facilities in accordance with the provisions of Section 10109- lOlll~ inclusive, of the Streets and Highways Code of the State of C2.1ifornia. BE IT FURTHER RESOLVED that it is the intention or said City Council to enter into an agreement with the }~RIN ~mNICIPAL WATER DISTRICT, under the terms of which the City of Tiburon will convey to the Water District the system for supplying water in ac- cordance \vith the provisions of Section 10109-10111, inclusive, of the Streets and Highways Code of the State of California. BE IT FURTHER RESOLVED that the City Council of the City of Tiburon hereby finds that the public interest will not be served by allowing the property o\.mers to take the contract for the work and improvements provided for in this Resolution of Intention. * I HEREBY CERTI~Y that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Tiburon, Marin County, California, at a regular meeting thereof, held on the 11th day of December, 1967, by the following vote, to wit: AYES: Councilmen Bremer, Fanning, Strawbridge, Hoffmire NOES: Councilmen None ABSENT: Coune ilmen None ~'HRfNCt.: D '. rZOSE, Cit~~of ~iburon, C21lrornl2.. -' Clerk, I-1arin Count)T, -6- (SL\L)