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
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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.
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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.
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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 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
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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
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