2004/11/23 City Council Resolution (11)RESOLUTION NO. 2004 -327
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROHNERT PARK REQUESTING THE CONSENT OF
THE BOARD OF SUPERVISORS OF THE COUNTY OF SONOMA
TO THE FORMATION OF AN ASSESSMENT DISTRICT, THE
LEVY OF ASSESSMENTS AND THE INSTALLATION OF IMPROVEMENTS
WHEREAS, the City of Rohnert Park (the "City ") is considering commencing proceedings pursuant to
the Municipal Improvement Act of 1913 (Division 12 of the California Streets and Highways Code, the "1913
Act ") to establish an assessment district to be known as "Assessment District No. 05 -1 (Sewer Force Main Project
No. 2003 -11)" (the "Assessment District') for the purpose of financing a portion of the cost of a sewer force main
project (the "Project'); and
WHEREAS, the Assessment District is proposed to include both territory located within the City and
territory located in an unincorporated portion of the County of Sonoma (the "County "); and
WHEREAS, the Project is planned to be constructed both in the City and in an unincorporated portion of
the County; and
WHEREAS, the public interest and convenience require the Project, and the City Council is of the
opinion that the Project is of such a character that it directly and peculiarly affects property in both the City and in
an unincorporated portion of the County and that the purposes sought to be accomplished by the Project can best
be accomplished by a single, comprehensive scheme of work; and
WHEREAS, before forming the Assessment District and ordering the acquisition and construction of the
Project, the City is first required to obtain the consent thereto of the Board of Supervisors of the County; and
WHEREAS, there is attached to this Resolution as Exhibit A hereto a proposed form of Resolution of
Intention (the "Proposed Resolution of Intention ") which contains the information required to be included therein
by the 1913 Act (specifically, by Section 10200 of the California Streets and Highways Code);
BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby find, determine,
resolve and order as follows:
Section 1. The recitals set forth above, and each of them, are true and correct.
Section 2. The Project and the boundaries of the Assessment District are both described in detail in
the Proposed Resolution of Intention.
Section 3. The Board of Supervisors of the County hereby is requested consent to the formation of
the Assessment District, to the inclusion within the Assessment District of the portion thereof that is located
within an unincorporated portion of the County, to the construction of the Project, to the inclusion in the Project
of the work that is located within an unincorporated portion of the County and to the assumption by the City of
J urisdiction with respect to the foregoing.
Section 4. The City Clerk is authorized and directed to transmit a certified copy of this Resolution,
together with the Proposed Resolution of Intention, to the Board of Supervisors of the County.
DULY AND REGULARLY ADOPTED this 23`d day of November, 2004.
ATTEST:
Cit)-(PClerk ,TAdy Hauff
• CERTIFIED -
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ERT P
IN
3RES: AYE MACKENZIE: AYE SPRADLIN: AYE
VIDAK- MARTINEZ: AYE NORDIN: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
(For Reso. No. 2004 -327)
10)ti:l 10 1 IM
PROPOSED FORM OF RESOLUTION OF INTENTION
RESOLUTION NO. 200-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK ACCEPTING PETITION AND DECLARING INTENTION TO .
INITIATE AND CONDUCT SPECIAL ASSESSMENT PROCEEDINGS
WHEREAS, the owners of certain real property located within the City of Rohnert Park (the
"City ") or within an unincorporated portion of the County of Sonoma (the "County ") have filed with
the City Clerk of the City a petition (the "Petition "), signed by such owners, requesting the
construction of certain public improvements (the "Project ") and the formation of an assessment
district (the "Assessment District ") to finance a portion of the cost of the Project; and
WHEREAS, the Petition contains an express waiver of statutory proceedings under the
Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 of the
California Streets and Highways Code, the "1931 Act "),- and
WHEREAS, the City Clerk has also received a certificate to the effect that the Petition has
been signed by persons owning lands which constitute more than 60% in area of the land within the
Assessment District that will be subject to assessment; and
WHEREAS, a portion of the Assessment District is located in an unincorporated area of the
County and a portion of the Project is proposed to be constructed in an unincorporated portion of the
County; and
WHEREAS, the City Council has heretofore requested that the Board of Supervisors of the
County consent to the formation of the Assessment District, to the levy of assessments on the portion
thereof that is located in an unincorporated area of the County, to the installation of the Project and to
the assumption by the City of jurisdiction with respect to the foregoing; and
WHEREAS, the Board of Supervisors of the County has adopted a resolution pursuant to
which it has granted the consent requested by the City Council; and
WHEREAS, the City Council intends to order the construction of the Project and to form the
Assessment District to pay a portion of the cost thereof as requested by the Petition;
BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby find,
determine, resolve and order as follows:
Section 1. The above recitals, and each of them, are true and correct.
Section 2. The owners of more than 60% in area of the land within the Assessment
District that will be subject to assessment have signed the Petition, and the Petition contains the
matters required by the 1931 Act and in particular by Section 2804.5 of the California Streets and
Highways Code.
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Section 3. The Petition is legally sufficient and is accepted by this City Council.
Section 4. The proceedings for the formation of the Assessment District shall be
undertaken, as requested by the Petition, pursuant to the Municipal Improvement Act of 1913
(Division 12 of the California Streets and Highways Code) and without further compliance with the
1931 Act.
Section 5. The public interest and convenience will be served by the taking of the
proceedings described herein.
Section 6. This Resolution shall constitute a final action taken with respect to the 1931
Act within the meaning of the phrase "final action" as used in Section 3012 of the California Streets
and Highways Code.
Section 7. The Assessment District shall include the non - contiguous areas formed by the
assessor's parcels listed below, and the exterior boundaries of the Assessment District shall consist of
the exterior boundaries of the respective areas formed by said assessor's parcels. The assessor's
parcels are County of Sonoma Assessor's Parcel Nos.:
045- 222 - 002,045- 222 - 004, 045- 222 - 005; 045- 222 - 006, 045- 222 - 011, 045- 222 - 013,045- 222 - 007,045- 222 -014,
045- 222 - 021,045 -262- 001, 045- 262 - 002, 045- 262 - 003, 045- 262 - 004, 047 -131- 019,047 -131- 024,047 -131 -025,
047 -131- 026, 047 -131 -027, 045- 073 - 001; 045- 073 - 002, 045- 073 - 003, 045- 074 - 009,045- 074 - 010,047 -011 -030,
143 - 040 - 103, 143 - 040 - 104,143- 040 - 106,143- 040 -109.
Section 8. The City Council intends to order the acquisition and /or construction of the
Project. The Project consists of the acquisition and /or construction of Sewer Force Main Project
No. 2003 -11, including (a) a new 27 -inch sewer interceptor /outfall extending from the City's
Terminal Pump Station to the City of Santa Rosa's subregional water reclamation facility and
generally following "Wilfred Route" as described in the Facility Plan and 10% Design Report for
said project and (b) any necessary modifications to the City's Terminal Pump Station and existing
24 -inch interceptor /outfall required to allow the aforesaid sewer force main project to function as an
integrated system, and (c) any and all necessary modifications or extensions to the City's existing
sewer collection system to allow properties within the Assessment District to connect to the City's
collection system, together with (d) all planning, design, contingencies, construction administration
and general administrative services, and the acquisition of all necessary rights of way, licenses,
franchises and permits, and the construction of all auxiliary work necessary and /or convenient to the
accomplishment thereof, in accordance with plans and specifications approved by the City Council,
and together also with (e) the incidental costs of financing the foregoing including, but not limited to,
capitalized interest, bond discounts, reserve funds, and legal, financial advisory, engineering and
appraisal services and any other- incidental costs and expenses of the assessment proceedings and
bond financing.
Section 9. The City Council further- declares its intention to levy a special assessment
upon the land within the Assessment District in accordance with the respective special benefits to be
received by each parcel of land within the Assessment District from the Project. Publicly -owned
property which is specially benefited by the Project will be specially assessed with the expectation
that such assessment will be paid in cash during the period available for such payments.
Section 10 Pursuant to the provisions of subsection (f) of Section 10204 of the California
Streets and Highways Code, the City Council intends to provide for an annual assessment upon each
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(For Reso. No. 2004 -327)
of the parcels of land in the Assessment District to pay various costs and expenses incurred from time
to time by the City and not otherwise reimbursed to the City which result from the administration and
collection of assessments or from the administration or registration of any associated bonds and
reserve or other related funds.
Section 11. If and to the extent that other- equitable methods of raising funds for the
Project are not reasonably available, the City intends to issue bonds representing unpaid assessments
pursuant to the provisions of the Improvement Bond Act of 1915 (Division 10 of the California
Streets and Highways Code, the "1915 Act "). Such bonds shall bear interest at a rate or rates not to
exceed 12% per annum, and the last installment of the bonds shall mature a maximum of 29 years
from the second day of September next succeeding 12 months from their date. The principal amount
of such bonds maturing each year shall not be an amount equal to an even annual proportion of the
aggregate principal amount of the bonds, but rather (except as specifically otherwise provided by the
City Council in connection with the sale of such bonds) shall be an amount which, when added to the
amount of interest payable in each year, will generally be a sum which is approximately equal in
each year) with the exception of the first year and any adjustment required with respect thereto.
Section 12. The provisions of Part 11.1 of the 1915 Act, providing an alternate procedure
for the advance payment of assessments and the calling of bonds, shall apply.
Section 13. The City will not obligate itself to advance available funds from its treasury
to cure any deficiency which may occur in the bond redemption fund established for the Assessment
District.
Section 14. Any surplus remaining in the improvement fund established for the
Assessment District following the completion of the Project and the payment of all applicable
expenses shall be applied pursuant to the provisions of Section 10427.1 of the California Streets and
Highways Code.
Section 15. 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 pursuant to
Section 20485 of the Public Contracts Code.
Section 16. The City Engineer is authorized and directed to cause the preparation of a
report containing the matters required by Section 10204 of the California Streets and Highways Code
and Section 4 of Article XIII D of the California Constitution.
Section 17. Any provision of this Resolution to the contrary notwithstanding, the Project
shall not be acquired or constructed unless and until the requirements of the California
Environmental Quality Act have been satisfied.
Section 18. The City Clerk is authorized and directed to transmit a certified copy of this
Proposed Resolution of Intention to the Board of Supervisors of the County.
DULY AND REGULARLY ADOPTED this day of
ATTEST:
City Clerk
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CITY OF ROHNERT PARK
Mayor
(For Reso. No. 2004 -327)
CERTIFICATION
I, Judy Hauff, City Clerk for the City of Rohnert Park, do hereby certify, under penalty of perjury,
that the foregoing is a full, true and correct copy of City Council Resolution No. 200 - ,
adopted by the City Council for the City of Rohnert Park at a regular meeting held on the day of
, 2004 at its fully noticed and posted location by the vote therein stated, the original of
which resolution is on file in the office of the City Clerk of said city.
DATED:
City Clerk Judy Hauff
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