1972/06/05 City Council Resolution (2)WJM&L,PDA,S,zw 6/1/72 10c
RESOLUTION NO. 72- 74
A RESOLUTION OF INTENTION TO ACQUIRE AND
CONSTRUCT IMPROVEMENTS
HIMEBAUGH CREEK, ET AL.
IMPROVEMENT PROJECT NO. 1972 -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,
1(a) The acquisition of property necessary for the widening,
extension, and opening of Himebaugh Creek to a uniform width of
125 feet, more or less, from U. S. Highway 101 at a point 800 feet,
more or less, northerly of Rohnert Park Expressway; running thence
easterly 2600 feet, more or less, to a point at the westerly right
of way line of the Northwestern Pacific Railroad at a point 800
feet, more or less, northerly of Rohnert Park Expressway by clearing,
grubbing, grading, excavation, the construction of inlet drains,
rip rap, service roads, landscaping, and right of way marker posts,
together with all the appurtenances of 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 EngineerQs 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,
improvements 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 acquisitions by said agency or
utility in accordance with its rates, rules and regulations, and
that said agreement or agreements shall become effective after
proceedings have been taken for the levy of the assessments and
sale of bonds and funds are available to carry out the terms of any
such agreement or agreements.
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, di-
mensions 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
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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 descrip-
tion 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 refer-
ence 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
hereafter to be made to cover the costs and expenses of said acqui-
sitions 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 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 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 followings
(a)
Maps and
descriptions of
all acquisitions
to be made;
(b)
Plans and
specifications
of the proposed
improvements
to be made pursuant to this Resolution of Intention;
(c) Engineerfs 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, respectively,
from said acquisitions and improvements, and of the expenses inci-
dental 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
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deducted from the total estimated cost and expenses. of said acquisi-
tions and_improvement.s., 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 5th day of
June , 19 72, by the following vote of the
members thereof:
AYES, and in favor thereof, Councilmen:
NOES, Councilmen:
ABSENT, Councilmen:
APPROVED:
Mayor
(5) Beary, , Flores,
Hopkins, Smith, & Roberts
(0) None
(0) None
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