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1967/03/20 City Council Resolution (6)RESOLUTION NO. (- A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS COUNTRY CLUB DRIVE AND SNYDER LANE SEWER TRUNK LINES ROHNERT PARK SANITARY SE'v1ERAGE PROJECT NO. 1967-1 RESOLVED, by the City Council of the City of Rohnert Park, California, that in its opinion the public interest and convenienc( require and that it is the intention, of said Council to order the following acquisitions and improvements, to wit: 1. a) The construction of sanitary sewer mains, manholes with manhole frames and covers, wye branches and cleanouts, together with all appurtenances there- to, in easements to be acquired from a point on an exLst-in2- sew-- trunk along the southerly bank of Himebaugh Creek 2900 feet, more or less, westerly of Snyder Lane, running thence in and along Country Club Drive for its entire length, as shown on the Master Plan of Sewer Mains of El Colegio Park approved by the City Council of the City of Rohnert Park and on file in the office of the City Clerk, and in Snyder Lane from a point 1,000 feet, more or less, southerly from Copeland Creek, running thence southerly 1,4�0 feet, more or 'Less, to East Cotat­i Avenue b) The acquisition of capacity rights and a rig-ht of service and use in existing sanitary sewage collection, transmission, treatment and disposal faci- lities of the City of Rohnert Park. C, The acquisition of all lands and easements and the performino, of all work auxiliary to any of C__ , 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 highways are more particularly shown in the records in the office of the County Recorder of Sono-ma 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 specification; to be made therefor, as hereinafter provided. 5. ;here is to be excepted from the work herein described any of such work already done to line and grade and marked except- ed or shown not to be done on said plans, profiles and specifica- tions. 6. Notice is hereby given of the fact that in many cases said work and imDrovementswill 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 Engineerts 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 district are the composite and consolidated area as more parti-- cularly 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 districtcmd shall govern for all details as to the extent of the assessment district. 2. 10. Said Council further declares that and highways within said assessment district for,mance of a public function as such shall assessment hereafter to be made to cover the of said acquisitions and improvements. 11. Notice is hereby given that serial all public streets in use in the per- be omitted from the costs and expenses bonds to represent unpaid assessments, and bear interest at the rate of not to exceed six percent (6%) 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. . 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 1913. 13. 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. 14. Said proposed acquisitions and improvements are hereby referred to the Engineer of Work, being a competent person employe by said City for that purpose; and said Engineer is hereby direct- ed to make and file with the City Clerk of said City a report in writing, presenting the following: (a) Mans 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; (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; 3. (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 improve- ments 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. L5. 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 pub- lished. 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, provided that the amount of any such transfer shall not exceed the lesser of S61,000 or 5% of the total amount expended from the improvement fund; (b) As a credit upon the assessment and any supple- mental 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 California, at a members thereof: AYES, and of the City of Rohnert Park,, Sonoma County, meeting thereof held on the R6 day of 196 by the following vote of the in favor thereof, Councilmen: NOES, Councilmen: ABSENT, Councilmen: APPROVED: Mayor C tyerk