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1971/09/20 City Council Resolution (6)WJM&L:PDA:S:zw 9/15/71 lOc RESOLUTION NO. 71- 113 A RESOLUTION OF INTENTION TO MAKE ACQUISITIONS OF IMPROVEMENTS GIFFIN MOBILE HOME PARK ASSESSMENT DISTRICT PROJECT NO. 1970 -1 RESOLVED, by the City Council of the City of Rohnert Park, California, that in its opinion the public interest and convenience require and that it is the intention of said Council to order the following acquisitions: 1(a) The acquisition of capacity rights and a right of service and use in sewage treatment and disposal facilities of the City of Rohnert Park on behalf of properties within the proposed assessment district 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 dis- charged from the area of the assessment district treated and dis- posed of in and through the disposal plant of said City and the acquisition of disposal capacity rights in said sewerage facilities and plant. (b) The acquisition 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. (c) The acquisition of all lands and easements and the per- forming of all work auxiliary to any of the above necessary to complete the same. 2. The descriptions of the acquisitions contained in this Reso- lution are general in nature. The maps and descriptions of said acquisitions, as contained in the Engineer's report, shall be con- trolling as to the correct and detailed description thereof. 3. Said contemplated acquisitions, in the opinion of said Council, are of more than local or ordinary public benefit, and the costs and expenses thereof are made chargeable upon an assessment district, the exterior boundaries of which district are the composite and consoli- dated 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. 4. Notice is hereby given that serial bonds to represent unpaid assessments, and bear interest at the rate of not to exceed seven per- cent (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 exceed fourteen (14) years from the second day of January next succeed- ing the next September lst following their date. Said bonds shall be made payable to bearer and provide a premium of 5% of the unmatured principal 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. 5. Except as herein otherwise provided for the issuance of bonds, all of said acquisitions shall be made pursuant to the pro- visions of the Municipal Improvement Act of 1913. 6. 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. 7. Said proposed acquisitions are hereby referred to the Engineer of Work, being a competent person employed by said City for that pur- pose; 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) Engineer's statement of the itemized and total estimated costs and expenses of said acquisitions and of the inci- dental expenses in connection therewith; (b) Diagram showing the assessment district above referred to, and also the boundaries and dimensions of the respective sub- divisions 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; (c) A Proposed assessment of the total amount of the costs and expenses of the proposed acquisitions upon the several 2 subdivisions of land in said district in proportion to the estimated benefits to be received by such subdivisions, respectively, from said acquistions and of the expenses incidental thereto. When any portion or percentage of the cost and expenses of the acquisitions 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 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 (b) of this Section. 8. 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 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. 9 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 20th day of September 19 71, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: (4) Roberts, Rogers, Smith, and Hopkins NOES, Councilmen: (0) None ABSENT, Councilmen: (1) Buchanan y 1 epu Y C i- y APPROVED j xx r yor;