1969/12/01 City Council Resolution (8)WJML:PDA2S-amf 11-14-69 12C
RESOLUTION NO. (g,6t-j2q
A RESOLUTION OF INTENTION TO ACQUIRE AND
CONSTRUCT IMPROVEMENTS
SNYDER LANE STREET IMPROVEMENT PROJECT NO. 1969-11
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-.
19 (a) The acquisition of property necessary for the
widening of Snyder Lane to a uniform width of 86 feet from
East Cotati Avenue northerly 3,500 feet, more or less, to
Rohnert Park Expressway by clearing, grubbing, grading, re-
moval of existing trees, shrubs and structures and the con-
struction therein of base, pavement, curbs, gutters, side-
walks, tree planting, monuments, traffic striping, under-
ground serviced street lighting facilities, including 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, under-
ground electric distribution and communication facilities,
and water mains, tees, crosses, valves, valve boxes, fire
hydrants., services and appurtenances, 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.
20 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 highways are more particularly shown
in the records in the office of the County Recorder of Sonoma
Count-y, California, and shall be shown upon the plans herein re-
(erred -rred to and to be filed with the City Clerk of said C.'ty
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., grade and ele`cations
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, shall be controlling as to the correct
and detailed description thereof.
9. 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 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.
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10, 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,
11. Notice is hereby given that serial bonds to represent
unpaid assessments, and bear interest at the rate of not to exceed
seven percent (7y) 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 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 if penalty on said bonds shall be retained by the
Treasurer and shall be charged as a cost of servicing the delinquency.
12. Except as herein otherwise provided for the issuance of
bonds, all of said improvements shall be done pursuant to the pro-
visions of the Municipal Improvement Act of 19130
.134 Reference is hereby made to proceedings had pursuant to
Division % 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
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 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
costs 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 subdivi-
sions, 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 respec-
tive numbers as assigned pursuant to subdivision (d) of this
Section.
15. 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 publish-
ed.
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16. 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, pro-
vided that the amount of any such transfer shall not exceed the
lesser of $1,000 or 5% of the total amount expended from the im-
provement 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 1st day of December
1969, by the following vote of the members thereof-
AYES, and in favor thereof, Councilmen- (3) Buchanan, Roberts
and Rogers
NOES, Councilmen.- (0) None
ABSENT, Councilmen.- (2) Hopkins and Smith
APPROVED:
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Deputy City C 1 6±,k