1972/09/18 City Council Resolution (8)WJM&L:PDA:S:zw 9/7/72 lOc
RESOLUTION NO. 72- 131
A RESOLUTION OF INTENTION TO ACQUIRE AND
CONSTRUCT IMPROVEMENTS
COUNTRY CLUB DRIVE IMPROVEMENT
PROJECT NO. 1972 -9
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 widening of
Country Club Drive as shown on that certain general plan entitled
nA General Plan for Fiscal and Economic Development, City of Rohnert
Park and Surrounding Area ", adopted by the City Council of said City
on the 7th day of October, 1968, by its Resolution No. 68 -1195 from
Rohnert Park Expressway to a point 2,000 feet, more or less, north-
erly of Himebaugh Creek 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, tree planting, monuments, sanitary sewer mains, manholes
with manhole frames and covers, laterals, water mains, valves, tees,
crosses, valve boxes, services, fire hydrants, storm drain facilities
from a point 400 feet, more or less, southerly of Himebaugh Creek
northerly 800 feet, more or less, to a point 400 feet, more or less,
northerly of Himebaugh Creek, and a bridge structure over Himebaugh
Creek, together with appurtenances to any of the above.
(b) The acquisition of all lands and easements and the per-
forming of all work auxiliary to any of the above necessary to
complete the same.
2. To the extent that work, rights, improvements or acqui-
sitions indicated in the Engineer's Report, to be made as provided
herein, are shown to be connected to the facilities, works or systems
of, or are to be owned, managed and controlled by, any public agency
other than this entity, or of any public utility, it is the intention
of the legislative body to enter into an agreement or agreements
with the public agency or public utility or both pursuant to Chapter
2 (commencing with Section 10100) of Division 12 of the Streets and
Highways Code, which agreement or agreements shall provide for the
ownership by said agency or utility of such works, rights, improve-
ments or acquisitions, and may provide for the installation: of all
or a portion thereof by said agency or utility and for the providing
of service to the properties in the area benefiting from said work,
rights, improvements or
accordance with its rate
agreement or agreements
have been taken for the
and funds are available
or agreements.
acquisitions
E�s, rules and
shall become
levy of the
to carry out
by said agency or utility in
regulations, and that said
effective after proceedings
assessments and sale of bonds
the terms of any such agreement
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. 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 referred to
and to be filed with the City Clerk of said City.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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 proposed
district and shall govern for all details as to the extent of the
assessment district.
11. 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 here-
after to be made to cover the costs and expenses of said acquisitions
and improvements.
12. 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 pro-
vided 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.
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13. 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.
14. 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.
15. 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;
(c) Engineer's statement of the itemized and total esti-
mated 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 sub-
divisions 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, re-
spectively, 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
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assessments, the amount of such portion or percentage shall first be
deducted from the total estimated cost and expenses of said acquisi-
tions 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.
16. 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.
17. 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 $1,000 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 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 18th_ day of
September , 19 72, by the following vote of the
members thereof:
AYES, and in favor thereof, Councilmen: (3) Beary, Hopkins, and
Flores
NOES, Councilmen CO) None
ABSENT, Councilmen: (2) Smith and Roberts
APPROVED:
Vice- Mayor