1970/05/04 City Council Resolution (9)WJML.PDA:sL- 4/24/70
RESOLUTION NO. 70-62
A RESOLUTION OF INTENTION TO ACQUIRE AND
CONSTRUCT IMPROVEMENTS
COUNTRY CLUB BOULEVARD IMPROVEMENT PROJECT NO, 19705
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 and improvements, to wit:
1. a) The improvement of Country Club Boulevard from
Rohnert Park Express-way at a -point 1,800 feet, more or
less, easterly of the Northwestern Pacifir' Railroad
right of way running thence southerly 1,800 feet, more
or less, to Copeland Creek at a point 1,301 feet, more
or less, easterly of said railroad right of way shown
on that certain map entitled "Circulation System, City
of Rohnert Park ? California ", contained in the general
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plan entitled, General Plan 1987", adopted by said
City on October 7, 1.968, 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, street trees, monu-
ments, traffic striping, underground serviced street
lighting facilities, surface and sub-surface storm
drainage facilities, where required, sanitary sewer
mains, manholes with manhole frames and covers, laterals,
water mains, valves, tees, crosses, valve boxes, fire
hydrants and services, where required, together with
appurtenances to any of the above.
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. 'Whenever any public way is herein referred to as running
between two public ways, or from or to any public way, the inter-
sections of the public ways referred to are included to the extent
that work shall be shown on the plans to be done therein.
3. Said streets and high-ways 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.
4. 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 delineated upon the plans, profiles and specifications
to be made therefor, as hereinafter provided.
5. 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.
6. 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.
7. 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.
8. 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, shal.]IL be controlling as to the correct and detailed descrip-
tion thereof .
99 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 dis-
trict are the composite and consolidated area as more particularly
shown on a map thereof entitled, "Proposed Boundaries, City of
Rohnert Park, Country Club Boulevard Improvement Project No. 1970-5",
on file in the office of the City Clerk to which reference is hereby
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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.
10o Said Council further declares that all public streets
and highways within said assessment district in use in the perform-
ance of a public function as such shall be omitted from the assess-
ment hereafter to be made to cover the costs and expenses of said
acquisitions and improvements.
110 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 Improve-
ment 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 succeeding the next September lst following their
dated. 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 servi-
cing the delinquency.
12. Except as herein otherwise provided for the issuance of bonds,
all of said improvements shall be done pursuant to the provisions
of the Municipal Improvement Act of 1913.
130 Refe-rence 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.
14. Said proposed acquisitions and improvements are hereby
referred to the Engineer of Work, being a competent person employed
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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;
(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 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 of 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.
150 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.
160 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 $1-5000 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.
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 4th — day of May
1970, by the following vote of the members thereof:
AYES., and in favor thereof, Councilmen: (5) Buchanan, Hopkins,
Roberts, Rogers, and Smith
NOES, Councilmen. (0) None
ABSENT, Councilmen. (0) None
Deputy C ty G erk
J
APPROV/ED-,
Mayor
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