1969/10/06 City Council Resolution (5)1� J L' a PDA a j o 9/17/69 loc
RESOLUTION NO. 69 -97
A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS
ARTHUR AVENUE AND SANTA ALICIA DRIVE
IMPROVEMENT PROJECT
PROJECT NO. 1969 -3
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 acquisition of property necessary for the
opening of Arthur Avenue from its easterly terminus 270
feet, more or less, easterly of Commerce Boulevard,
running thence easterly 560 feet, more or less, and
generally parallel to Arlen Drive, thence southeasterly
340 feet, more or less, to Santa Alicia Drive at a point
800 feet, more or less, northerly of Arlen Drive and for
the opening of Santa Alicia Drive from Arlen Drive at a
point 800 feet, more or less, easterly of Commerce Boule-
vard, running thence northerly and northeasterly 800 feet
more or less, to Arthur Avenue as proposed herein and the
improvement thereof by clearing, grubbing, grading, re-
moval of existing trees, shrubs and structures and the
construction therein of base, pavement, curbs, gutters,
sidewalks, tree planting, monuments, traffic striping,
underground serviced street lighting facilities, surface
and subsurface storm drainage facilities, including
drainage ditches and culverts, where required, sanitary
sewer mains, manholes with manhole frames and covers
and laterals, together with all appurtenances thereto,
streamlined electrical distribution facilities, under-
ground communication facilities and water mains, tees,
crosses, valves, valve boxes, fire hydrants and services,
where required.
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.
2e It is intended by the City Council of said City to enter
into an agreement with the Pacific Gas and Electric Company which
agreement will provide for the ownership by said Company of
electric distribution facilities in said City to be installed by
said Company, and for the providing of service to the properties
in said area by said Company in accordance with its rates, rules
and regulations, 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. It is intended by the City Council of said City to enter
into an agreement with the Pacific Telephone and Telegraph Company
which agreement will provide for the ownership by said Company of
underground telephone facilities in said City to be installed by
said Company and for the providing of service to the properties in
said area by said Company in accordance with its rates, rules and
regulations, 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.
4. 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.
5. 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 re-
ferred to and to be filed with the City Clerk of said City.
6. 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.
7. 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.
2
8. 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.
g. 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.
10. 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.
11. 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 prticularly 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 pro-
posed district and shall govern for all details as to the extent of
the assessment district.
12. 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
hereafter to be made to cover the costs and expenses of said acqui-
3
sitions and improvements.
13. 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 succeeding 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.
14. 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 19130
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
referred to the Engineer of Work, being a competent person employed
by said City for that purpose; and said Engineer is hereby dirdcted
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 improve-
ments to be made pursuant to this Resolution of Intention;
4
c) Engineer's statement of the itemized and total
estimated costs and expenses of said acquisitions and improve-
ments 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 re-
spective 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
cost and expenses of the proposed acquisitions and improvements
upon the several subdivisions of land in said district in pro-
portion to the estimated benefits to be received by such sub-
divisions, respectively, from said acquisitions and improvements.
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 assess-
ment 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.
M
abe realized from the assessment it
180 if any excess shall in
amounts as the Council may determine,
shall be used, in such more of the
accordance w ith
the provisions of law for one or
purposes: City, provided
following P general fund of the
(a) Transfer to the g
shall not exceed the lesser
amount of any
such transfer improvement
that the from the
of
1,'000 or 5% of the total amount
f1). supplemental
nd;
(b� As a credit upon the assessment and any
assessment; or the improvements,
(c) For the maintenance of account of
to the City on
(d) Applied as a credit of the
costs
and expenses
it towards the Proportion which
contributions made by or parts thereof, in the
project, or of a part amount of the assessment
.APPR( total
such contributions bear to the
prjoY' to the
deduction of all such contributions.
G