1971/08/02 City Council Resolution (9)WJM &LrPDAoSozw 7/26/71 loc
RESOLUTION NO. 71- 91
A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS
S NYDER LANE IMPROVEMENT PROJECT
N0. 1971 -2
RESOLVED, by the City Council of the City of Rohnert Park,
California, that in its opinion the public interest and convenience re-
quire and that it is the intention of said Council to order the follow -
ing acquisitions and improvements, to wit:
1(a) The acquisition of property necessary for the widening of
Snyder Lane to a uniform width of 86 feet from a point approximately
100 feet southerly of Southwest Boulevard northerly 2,300 feet, more
or less, to Rohnert Park Expressway by clearing, grubbing, grading,
removal of existing trees, shrubs and structures and the construction
therein of base, pavement, curbs, gutters, sidewalks, driveway, ducts,
railings where required, street signs, barricades, berms, retaining^
walls where required, tree planting, monuments, traffic striping, sur-
face and subsurface storm drainage facilities, including storm drain
mains, catch basins, culverts, riprap and a bridge and /or box culvert
at Copeland Creek, as required, sanitary sewer mains, manholes with
manhole frames and covers and laterals, together with appurtenances
thereto, and water mains, tees, crosses, valves, valve boxes, fire
hydrants, services and appurtenances, where required, and the reloca-
tion or reconstruction of utilities, as required.
(b) The acquisition of capacity rights and rights of service
and use in an existing water main together with all appurtenances
thereto in Snyder Lane from its intersection with Southwest Boulevard
running thence northerly 1,359 feet, more or less, to an existing well.
(c) The acquisition of all lands, easements and rights 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 system 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 (commencing 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 acquisitions, 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 assess-
ments 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 be-
tween two public ways, or from or to any public way, the intersections
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,
California, and shall be shown upon the plans herein referred to and
to be filed with the City Clerk of said City.
5. All of said work and improvements are to be constructed at
the places and in the particular locations, of the forms, sizes, dimen-
sions and materials, and at the lines, grades and elevations as shown
and delineated upon the plans, profiles and specifications to be made
therefor, 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 improvements 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.
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9. The description 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 controll-
ing as to the correct and detailed description thereof.
10. Said contemplated acquisitions and improvements, in the opin-
ion of said Council, are of more than local or ordinary public benefit,
and the costs and expenses thereof are made chargeable upon an assess-
ment district, the exterior boundaries of which district are the
composite and consolidated area as more particularly shown on a map
thereof on file in the office of the City Clerk, to which reference is
hereby made for further particulars. Said map indicates by a boundary
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 the
unpaid assessments against privately owned property, 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 install-
ment of such bonds shall mature not to exceed fourteen (14) years from
the second day of January next succeeding the next September lst follow-
ing their date. Said bonds shall be made payable to bearer and provide
a premium of 5% of the unmatured principal thereof on call. The
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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. Notice is further given that certificates or serial bonds
to represent the unpaid assessments against publicly owned property and
bear interest at the rate of not to exceed seven percent (7 %) per annum,
will be issued hereunder pursuant to Section 10206 of the Streets and
Highways Code of the State of California and in the manner provided in
Chapter 5, Part 5, Division 7 (commencing with Section 6460), or Chapter
4.5, Part 5, Division 7 (commencing with Section 6468) of said Code,
the Improvement Act of 1911, the last installment of which bonds shall
mature not to exceed fifteen (15) years from the second day of June be-
ginning with the fiscal year next following the date of the bonds.
14. Except as herein otherwise provided for the issuance of
bonds, all of said acquisitions shall be made and improvements shall
be done pursuant to the provisions of the Municipal Improvement Act
of 1913.
15. 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.
16. 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:
(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;
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(c) Engineer's statement of the itemized and total estimated cost
and expenses of said acquisitions and improvements and of the inci-
dental 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 several
subdivisions of land in said district in proportion to the estimated
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 acquisitions
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.
17. 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.
18. 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:
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(a) Transfer to the general fund of the City, provided that the
amount of any such transfer shall not exceed the lesser of $1,000 or
5% of the total amount expended from the improvement fund;
(b) As a credit upon the assessment and any supplemental
assessment; or
(c) For the maintenance of the improvements.
19. The estimated cost of the project is $330,461.00, of which
the City will contribute the estimated amount of $41,862.00, leaving an
estimated balance to be assessed of $288,599.00.
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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 2nd day of
August , 19 713 by the following vote of the
members thereof:
AYES, and in favor thereof, Councilmen: (4) Buchanan, Rogers,
Smith, and Hopkins
NOES, Councilmen: (0) None
ABSENT, Councilmen: (1) Roberts
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