1971/07/06 City Council Resolution (5)WJM &L:PDA:s 7/6/71 loc
RESOLUTION NO. 71 -73
A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS
CODDINGLAND UNIT 2 ASSESSMENT DISTRICT 1968 -1A
RESOLVED, by the City Council of the City of Rohnert Park,
California, that
WHEREAS, said Council on July 6, 1971 adopted its Resolution No.
71- 71 Amending Resolution Determining to Undertake Proceedings
Pursuant to Special Assessment and Assessment Bond Acts for the Acqui-
sition and Construction of Improvements Without Proceedings Under
Division 4 of the Streets and Highways Code, adopted by said Council
on April 1, 1968;
NOW, THEREFORE, IT IS HEREBY ORDERED that it is the opinion of
this Council that the public interest and convenience require and that
it is the intention of this council to order the following acquisitions
and improvements, to -wit:
1(a) The construction of a sanitary sewer trunk main, manholes with
manhole frames and covers together with all appurtenances thereto in an
easement to be acquired from the existing Rohnert Park Sewer Plant
generally located 3,100 feet, more or less, southerly of Wilfred Avenue
and 750 feet, more or less, westerly of U. S. Highway 101 running
thence 4,200 feet, more or less, southerly and generally parallel to
said U. S. Highway 101 to a point on the southerly boundary of Rohnert
Park Annexation No. 4, 750 feet, more or less, westerly of U. S.
Highway 101.
(b) The construction of a water supply and pump station, including
pumps, pump house, pressure tank and all appurtenances thereto on prop-
erty to be acquired and generally located 200 feet, more or less,
westerly to U. S. Highway 101 and adjacent to the southerly boundary of
Rohnert Park Annexation No. 4, and the construction of water mains, valves
hydrants, together with all appurtenances thereto in an easement to be
acquired from said water supply and pump station site, running thence
northerly 4,700 feet, more or less, to a point 1,500 feet, more or less,
southerly of Wilfred Avenue.
(c) The acquisition of capacity rights and aright of service and
use in sewage treatment and disposal facilities of the City of
Rohnert Park on behalf of properties within the proposed assessment dis-
trict, including the right to discharge sewage from said district into
and through main trunk interceptor and outfall sewers and appurtenances
of said City, and the right to have said sewage discharged from the
area of the assessment district treated and disposed of in and through
the disposal plant of said City and the acquisition of disposal capacity
rights in said sewerage facilities and plant, together with the acquisi-
sition of capacity rights and a right of service and use in water supply,
treatment and storage facilities of the City of Rohnert Park on behalf
of properties within the proposed assessment district.
(d) The acquisition of all lands and easements and the performing
of all work auxiliary to any of the above necessary to complete the
same.
2. To the extent that work, rights, improvements or acquisitions
indicated in the Engineer's Report, to be made as provided herein, are
shown to be connected to the facilities, works or systems of, or are
to be owned, managed and controlled by, any public agency other than
this entity, or of any public utility, it is the intention of the
legislative body to enter into an agreement or agreements with the
public agency or public utility or both pursuant to Chapter 2 (commen-
cing with Section 10100) of Division 12 of the Streets and Highways
Code, which agreement or agreements shall provide for the ownership by
said agency or utility of such works, rights, improvements or acquisi-
tions, and may provide for the installation of all or a portion thereof
by said agency or utility and for the providing of service to the
properties in the area benefiting from said work, rights, improvements
or acquisitions by said agency or utility in accordance with its rates,
rules and regulations, and that said agreement or agreements shall
become effective after proceedings have been taken for the levy of
the assessments and sale of bonds and funds are available to carry out
the terms of any such agreement or agreements.
3. Whenever any public way is herein referred to as running
between two public ways, or from or to any public way, the intersec-
tions of the public ways referred to are included to the extent that
work shall be shown on the plans to be done therein.
4. Said streets and highways are more particularly shown in the
records in the office of the County Recorder of Sonoma County, Cali-
fornia, and shall be shown upon the plans herein referred to and to
be filed with the City Clerk of said City.
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5. All of said work and improvements 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 de-
lineated upon the plans, profiles and specifications to be made there-
for, as hereinafter provided.
6. There is to be excepted from the work herein described any of
such work already done to line and grade and marked excepted or shown
not to be done on said plans, profiles and specifications.
7. Notice is hereby given of the fact that in many cases said
work and improvement 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.
8. Said 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 Rohnert Park.
9. The descriptions of the acquisitions and improvements and the
termini of the work contained in this Resolution are general in nature.
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, as contained in the Engineer's report, shall be con-
trolling as to the correct and detailed description thereof.
10. Said contemplated acquisitions and improvements, in the
opinion of said Council, are of more than local or ordinary public bene-
fit, and the costs and expenses thereof are made chargeable upon an
assessment district, the exterior boundaries of which district are the
composite and consolidated area as more particularly shown on a map
thereof entitled "Proposed Boundaries, Coddingland Unit 2 Assessment
District 1968 -1A, City of Rohnert Park, Sonoma County, State of
California ", on file in the office of the City Clerk to which reference
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is hereby made for further particulars. Said map indicates by a bound-
ary line the extent of the territory included in the proposed district
and shall govern for all details as to the extent of the assessment
district.
11. 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 here-
after to be made to cover the costs and expenses of said acquisitions
and improvements.
12. Notice is hereby given that serial bonds to represent unpaid
assessments, and bear interest at the rate of not to exceed seven
percent (7 %) per annum, will be issued hereunder in the manner provided
by Division 7 of the Streets and Highways Code, the Improvement Act of
1911, and the last installment of such bonds shall mature not to ex-
ceed fourteen (14) years from the second day of January next suceeding
the next September lst following their date. Said bonds shall be made
payable to bearer and provide a premium of 5% of the unmatured princi-
pal thereof on call. The Council hereby elects that the first 1%
penalty on said bonds shall be retained by the Treasurer and shall
be charged as a cost of servicing the delinquency.
13. Except as herein otherwise provided for the issuance of
bonds, all of said improvements shall be done pursuant to the provi-
sions of the Municipal Improvement Act of 1913.
14. Reference is hereby made to proceedings had pursuant to
Division 4 of the Streets and Highways Code on file in the office of
the City Clerk.
15. Said proposed acquisitions and improvements are hereby re-
ferred to the Engineer of Work, being a competent person employed by
said City for that purpose; and said Engineer is hereby directed to
make and file with the City Clerk of said City a report in writing
presenting the following:
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(a) Maps and descriptions of the lands and easements to be
acquired;
(b) Plans and specifications of the proposed improvements to be
made pursuant to this Resolution of Intention;
(c) Engineer's statement of the itemized and total estimated
costs and expenses of said acquisitions and improvements and of the
incidental expenses in connection therewith;
(d) Diagram showing the assessment district above referred to,
and also the boundaries and dimensions of the respective subdivisions
of land 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;
(e) A proposed assessment of the total amount of the costs and
expenses of the proposed acquisitions and improvements upon the sev-
eral subdivisions of land in said district in proportion to the esti-
mated benefits to be received by such subdivisions, respectively,
from said acquisitions and improvements, and of the expenses incidental
thereto.
When any portion or percentage of the cost and expenses of the
acquisitions and improvements is to be paid from sources other than
assessments, the amount of such portion or percentage shall first be
deducted from the total estimated cost and expenses of said acquisi-
tions and improvements, and said assessment shall include only the
remainder of the estimated cost and expenses. Said assessment shall
refer to said subdivisions by their respective numbers as assigned
pursuant to subdivision (d) of this Section.
16. Notice is hereby given that, in the opinion of the Council,
the public interest will not be served by allowing the property owners
to take the contract for the construction of the improvements and that,
pursuant to Section 10502.4 of the Streets and Highways Code, no
notice of award of contract shall be published.
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17. If any excess shall be realized from the assessment it shall
be 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 $15000
or 5% of the total amount expended from the improvement fund;
(b) As a credit upon the assessment and any supplemental assess-
ment; or
(c) For the maintenance of the improvements.
18. The estimated cost of said project is $352,231.00, and
contributions will be made in the estimated amount of $41,423.00,
leaving an estimated amount of $310,808.00 to be assessed.
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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 Rohnert Park, Sonoma County,
California, at a meeting thereof held on the 6th day of
July , 1971 , by the following vote of the
members thereof:
AYES, and in favor thereof, Councilmen: (5) Buchanan, Roberts,
Rogers, Smith, and Hopkins
NOES, Councilmen: (0) None
ABSENT, Councilmen: (0) None
%1
:1
Deputy Cf ty G rk
APPROVED:,
M yor