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1990/09/11 City Council Resolution (14)RESOLUTION NO. 90 -205 RESOLUTION REQUESTING CONSENT TO CONDUCT ASSESSMENT PROCEEDINGS MILLBRAE AVENUE ASSESSMENT, PROJECT NO. 1988 -1 The City Council of the City of Rohnert Park resolves: The City Council proposes to adopt a resolution amending Resolution of Intention No. 88 -129, adopted on June 28, 1988, a copy of which is annexed hereto, marked Exhibit A, and by reference incorporated herein as though fully set forth. A portion of the property proposed to be assessed lies within the unincorporated territory of the County of Sonoma. The area of the County of Sonoma which lies within the proposed assessment district will, in the opinion of the City Council of the City of Rohnert Park, be benefited by the improvements referred to in the proposed Resolution Amending Resolution of Intention, and the purposes sought to be accomplished by the work can best be accomplished by a single, comprehensive scheme of work. The Resolution Amending Resolution of Intention, attached as Exhibit B, is hereby adopted as the proposed Resolution Amending Resolution of Intention for the improvement referred to. The consent of the County of Sonoma, through its Board of Supervisors, is hereby requested to the formation of the district described in said Resolution Amending Resolution of Intention, to the improvement described, and to the assumption of jurisdiction by this City Council for all purposes in connection with the formation of this assessment district, the improvements to be made and the assessment of property within the boundaries of the proposed district. The Clerk of the Board is hereby directed to transmit a certified copy of this resolution with the proposed Resolution Amending Resolution of Intention attached, and a certified copy of the map showing the boundaries of the district, to the Clerk of the Board of the County of Sonoma. G R $I " I N A L 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 11th day of Sept. 1990, by the following vote of the members thereof: AYES: ( 4) Councilmembers Cochran, _:Eck, Hopkins & Hollingsworth NOES: (0) Councilmembers 6 RESOLUTION NO. 88-129 RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN MILLBRAE AVENUE ASSESSMENT DISTRICT, PROJECT NO. 1988 -1 The City Council of the City of Rohnert Park resolves: This City Council intends to order the following improvement under the authority of the Municipal Improvement Act of 1913: (a) The acquisition of property necessary for the widening of South Santa Rosa Avenue from a point 1300 feet, more or less, northerly of Wilfred Avenue thence northerly 200 feet, more or less, to Millbrae Avenue and Millbrae Avenue from South Santa Rosa Avenue northwesterly 1100 feet, more or less, and westerly 600 feet, more or less to Dowdell Avenue, and the improvement thereof by clearing, grubbing, excavation, grading, removal of existing trees, shrubs and structures, and the construction therein of base, pavement, curbs, gutters, sidewalks, street monuments, street trees, underground services, street lighting facilities, sanitary sewer mains, manholes with manhole frames and covers and laterals, where required, water mains, valves, tees, crosses, valve boxes, services and fire hydrants, where required, surface and subsurface storm drainage facilities, where required, underground electrical power distribution and service facilities, underground communication transmission and service facilities, gas transmission and service facilities, and landscaping and irrigation facilities, together with appurtenances to any of the above; (b) The acquisition of all lands and easements and the performing of all work auxiliary to any of the above and necessary to complete the same. This City Council finds that the land specially benefited by the improvement is shown within the boundaries of the map - entitled, "Proposed Boundaries of the Millbrae Avenue Assessment District, Project No. 1988 -1, City of Rohnert Park, Sonoma County,_ California." This map has been approved by the City.Council and is now on file with the City Clerk. The land within the exterior boundaries shown on the map shall be designated the Millbrae Avenue Assessment District, Project No. 1988 -1, City of Rohnert Park, Sonoma County, California. c nPD)f This City Council intends to levy a special assessment upon the land within the described district in accordance with the special benefit to be received by each parcel of land, respectively, from the improvement. There shall be omitted from special assessment all public streets, alleys and places and all land belonging to the United States, the State of California, the County of Sonoma and this City of Rohnert Park now in use in the performance of a public function. Where any disparity occurs in level or size between the improvement and private property, this City Council determines that it is in the public interest and more economical to eliminate the disparity by doing work on the private property instead of adjusting the work on public property. Accordingly, work may be done on private property for this purpose with the written consent of the landowner. This City Council intends to enter into agreements with Pacific Gas and Electric Company and Pacific Bell under the provisions of Section 10110 of the Streets and Highways Code, inasmuch as certain facilities included in the improvement are to be under their ownership, management and control. Serial bonds representing unpaid assessments, and bearing interest at a rate not to exceed twelve percent (12 %) per annum, will be issued in the manner provided by the Improvement Bond Act of 1915 (Division 10, Streets and Highways Code), and the last installment of the bonds shall mature fourteen (14) years from the second day of September next succeeding twelve (12) months from their date. The procedure for the collection of assessments and advance retirement of bonds under the Improvement Bond Act of 1915 shall be as provided in Part 11.1, Division 10, of the Streets and Highways Code of the State of California. 2 The City will not obligate itself to advance available funds from the City treasury to cure any deficiency which may occur in the bond redemption fund. A determination not to obligate itself shall not prevent the City from, in its sole discretion, so advancing funds. This City Council finds that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (commencing with Section 2800, Streets and Highways Code) does not apply to these proceedings. This City Council appoints M. HUDIS & ASSOCIATES as Engineer of Work for this project, and directs the preparation of the report required by Section 10204 of the Streets and Highways Code. In the opinion of this City Council, the public interest will not be served by allowing owners of assessable lands to enter into a contract for the work of improvement as otherwise permitted in Section 20485 of the Public Contract Code. If any excess shall be realized from the assessment it shall be used, in such amounts as the City 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, provided that such surplus may, if the City Council so determines, also be applied as a - credit to the City Treasury or any local, state or national agency or authority which shall have made a contribution towards the cost and expenses of the acquisitions and improvements in the proportion which_ such contribution bears to the total amount of the assessment or supplemental assessment prior to the deduction of all such contributions; or (c) For the maintenance of the improvements. 3 .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 28th day of June, 1988, by the following vote of the members thereof: AYES: (4) Councilmembers Cochran, Eck, Lepinski; and Mayor Hopkins NOES: (0) Councilmembers None ABSENT:(l) Councilmembers ABSTAIN:(0)Councilmembers Hollingsworth None APPROVED: WAKEN K./HO NS, MAYOR 4 N RESOLUTION NO. RESOLUTION AMENDING RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN MILLBRAE AVENUE ASSESSMENT DISTRICT, PROJECT NO. 1988 -1 The City Council of the City of Rohnert Park resolves: On June 28, 1988, this City Council adopted Resolution No. 88 -129, "Resolution of Intention to Order Improvement in Millbrae Avenue Assessment District, Project No. 1988 -1." Said Resolution of Intention No. 88 -129 is amended as follows: The description of work is hereby amended to read: (a) The acquisition of property necessary for the widening of South Santa Rosa Avenue from a point 1300 feet, more or less, northerly of Wilfred Avenue thence northerly 200 feet, more or less, to Millbrae Avenue, for the widening of Millbrae Avenue from South Santa Rosa Avenue northwesterly 1100 feet, more or less, and westerly 600 feet, more or less to Dowdell Avenue and for the widening of Dowdell Avenue from its intersection with Millbrae Avenue southerly 2,300 feet, more or less, to Wilfred Avenue, and the improvement thereof by clearing, grubbing, excavation, grading, removal of existing trees, shrubs and structures, and the construction therein of base, pavement, curbs, gutters, sidewalks, street monuments, street trees, underground services, street lighting facilities, sanitary sewer mains, manholes with manhole frames and covers and laterals, where required, water mains, valves, tees, crosses, valve boxes, services and fire hydrants, where required, surface and subsurface storm drainage facilities, where required, underground electrical power distribution and service facilities, underground communication transmission and service facilities, gas transmission and service facilities, and landscaping and irrigation facilities, together with appurtenances to any of the above; (b) The acquisition of all lands and easements and the performing of all work auxiliary to any of the above and necessary to complete the same. This City Council finds that the land specially benefited by the improvement is shown within the boundaries of the map entitled, "Amended Proposed Boundaries of the Millbrae Avenue Assessment District, Project No. 1988 -1, City of Rohnert Park, Sonoma County, California." This amended map has been approved by the City Council and is now on file with the City Clerk. The land within the exterior boundaries shown on the amended map shall be designated the Millbrae Avenue Assessment District, Project No. 1988 -1, City of Rohnert Park, Sonoma County, California. !R l T I I 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 day of , 1990, by the following vote of the members thereof: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers APPROVED: Mayor Deputy City Clerk 2