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1970/04/06 City Council ResolutionWJM &L:PD .h.s 4/1/70 l0c RESOLUTION NO. 7O -48 A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS SOUTHWEST BOULEVARD IMPROVEMENT PROJECT NO. 1970 -4 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 improvement of Southwest Boulevard from Burton Avenue easterly 25200 feet, more or less, to a point 2,000 feet, more or less, westerly of Snyder Lane as shown on that certain map entitled "Circulation System, City of Ro:hnert Park, California", contained in.. the general plan entitled "General Plan - 1987 ", adopted by said City on October 7, 1968, on file in the office of the City Clerk, and the improvement thereof by clearing, grubbing, grading, removal of existing trees, shrubs and structures and the construction therein of base, pavement, curbs, gutters, sidewalks, tree and shrub planting, monuments, traffic striping, underground serviced street lighting facilities, surface and subsurface storm drainage facilities including ditches and culverts, where required, fire hydrants together with a grade crossing at its intersection with the Northwestern Pacific Rail- road right of way, including crossing gates and signalization and the construction of a bridge culvert adjacent to the easterly side of the proposed grade crossing.. (b) 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. It is intended by the City Council of said City to enter into an agreement with the Northwestern Pacific Railroad Company, which agreement will provide for the ownership by said Company of the grade crossing, including crossing gates and signalization, in said City to be installed by said Company, and for the providing of service to the properties in said area by said Company, and that said agreement shall become effective after proceedings have been taken for the levy of assessments and sale of bonds and funds are available to carry out its terms. 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 herein. 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 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 controlling 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 benefit, 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, City of Ro:hnert Park, Southwest Boulevard Improvement Project No. 1970 -4 ", 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, and bear interest at the rate of not to exceed seven percent (7 %) per annum, will be issued hereunder in the manner provided in the Improvement Bond Act of 1915, Division 10 of the Streets and Highways Code, the last installment of which bonds shall mature not to exceed fourteen (14) years from the second day of July next succeeding ten (10) months from their date. The provisions of Part 11.1 of said Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds, shall apply. 13. Except as herein otherwise provided for the issuance of bonds, all of said acquisitions and improvements shall be made pur- suant to the provisions 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 referred to the Engineer of Work, being a competent person employed by said City for that purpose; and said Engineer of Work is hereby directed to make and file with the City Clerk of said City a report in writing, presenting the following: 3 (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. 160 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. 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 $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. 1 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 Ro.hnert Park, Sonoma County, California, at a meeting thereof held on the 6th day of April 1970, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: C51 Buchanan, Hopkins, Roberts, Smith, and Rogers NOES, Councilmen: (0) None ABSENT, Councilmen: (0) None .vCNu L.,y 5