1968/05/06 City Council Resolution (5);
�ruj'�ro JS o amf 3-19 -�0 n lOC
RESOLUTION NO, 618-45
A RESOLUTION? OF INTENTION TO ACQUIRE AND CONSTRUCT Ii'IPROVEP,'71ENTS
PROJECT 1068 -1
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
acquisitions and improvements as hereinafter described;
1. 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 under-
ground electric and gas 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.
2. 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.
3. 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.
4. The acquisitions and improvements are described as follows;
(a) The acquisition of property necessary for the opening of the
)utherly extension of Frontage Road from a point 3500 feet, more or less,
)utherly of Wilfred Avenue, running thence southwesterly, southerly and
)utheasterly to a point on Frontage Road 3500 feet, more or less, north-
rly of Helman Lane and for the opening of the westerly extension of
Dhnert Park Expressway from a point on said Frontage Road, to be opened
,rein, 5800 feet, more or less, southerly, southwesterly and southerly
f Wilfred Avenue at its intersection with the northwesterly prolongation
f Rohnert Park Expressway, running thence northwesterly, westerly and
orthwesterly 8200 feet, more or less, crossing Himebaugh Creek at a
oint 900 feet, more or less, northeasterly of Laguna De Santa Rosa
hannel and the Belleview-Wilfred Ditch at a point 1100 feet, more or
ess, northerly of Laguna De Santa. Rosa Channel to Stony Point Road at
point 3000 feet, more or less, southerly of Wilfred Avenue and the
mprovement- thereof by clearing, grubbing, grading, removal of existing
reel, shrubs and structures and the construction therein of base, pave -
en;, gutters, berms, tree planting, monuments, traffic striping,
, cur ground serviced street lighting htin facilities, the lowering of existing
,nderg culverts .,
Ltilities where required to meet the ne w grade, drainage ditches
end surface and subsurface storm drainage facilities, where required,'and
she construction of vehicular bridges, where required.
(b) The construction of a sanitary sewer trunk main, manholes with
- thereto in n
aanhole frames and covers toge ther with all appurtenances
easement to be acquired from the existing Rohnert Park Sewer Plant
,Tenerally located 3100 feet, more or less, southerly of Wilfred Avenue
more or less, westerly of U. S. Highway 101 running
and 750 feet, lly parallel to said
thence 4200 feet, more or less, southerly and genera
j. S. Highway 101 to a point on the southerly boundary of Rohnert Park
Annexation No. 4, 750 feet., more or less., westerly of U. S. Highway 101.
(c) The construction of streamline electrical facilities, under-
ground. telephone facilities and. natural gas facilities necessary to serve
the properties of Santa Rosa Enterprises.
(d) The construction of
a water supply and pump station, including
mps�, pump house, pressure tank and all appurtenances thereto on prop -
p`
erty to 'be acquired and generally located 3000 feet5 more or less, west-
erly of U. S. Highway 101 and 800 feet, more or less, northerly of the
southerly 'boundary of Rohnert Park Annexation No. 4all , and the construction
of water mains, valves and, hydrants, together with appurtenances
to e acquired from saily and
.thereto in an easemen t sterly 2700 feetd , water more or supp l pump ess, to Front-
station site, running thence b ea at a point 6600 feet, more or less,
age Road, to be opened herein.,
southerly of Wilfred Avenue. capacity rights and a right of service and use
(e) The acquisition of C the City of Rohnerin�lud-
on t in sewage treatment and disposal facilities of 'behalf of properties ihin the prsed assessment district nt throu
ing the right to discharge sewage from said district
main trunk interceptor and. outfall sewers and appurtenianceas no d f o said gh ity,
C
and the right to have said sewage discharged frm the the area disposal plants
lant of the assess-
ment district treated, and disposed of in and thorough
of said. City and the acquion of disposal capacity rihts in said capacity
sewerage facilities and. plant., together with the acquisigtion of
rights and a right of service and, use in water supply, treatment and
storage facilities of the City of Rohnert Park on behalf of properties
within the proposed assessment district.
(f) The acquisition of all lands and easements and the performing
of all work auxiliary to any of the above nece-scary to complete the same.
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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,
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.
9. 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 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 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-
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
six per cent (6 %) per annum, will be issued hereunder in the manner
provided by Division 7 of the Streets and Highways Code, the Im-
provement 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 1913.
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 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 improve-
ments to be made pursuant to this Resolution of Intention;
(off 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 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
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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.
18. 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 follow-
ing 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.
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I hereby certify that the foregoing is ,a full, true
and correct copy of a I 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 6th day of
May 19§.8 0 by the following vote of the
members thereof:
AYES., and in favor thereof., Councilmen: Buchanan, Hopkins,
Rogers, Smith and Mayor Roberts
NOES, Councilmen: none
ABSENT.. Councilmen: none
e �C.Uty city - Clerk
APPROVED:
Mayor