1991/03/26 City Council Resolution (4)RESOLUTION NO. 91 -67
RESOLUTION APPROVING AMENDED REPORT AND ASSESSMENT
AND ORDERING IMPROVEMENT
MILLBRAE AVENUE ASSESSMENT DISTRICT, PROJECT NO. 1988 -1
The City Council of the City of Rohnert Park resolves:
This City Council has taken a series of actions preliminary to
ordering the improvement in Millbrae Avenue Assessment District,
Project No. 1988 -1, City of Rohnert Park, Sonoma County,
California, and now makes the following findings and orders:
1. The City Council adopted a map showing the boundaries of
the land benefited by the proposed improvement. The map was later
amended. A copy of the boundary map and the amended boundary map
were filed in the office of the County Recorder of the County of
Sonoma in the Book of Maps of Assessment and Community Facilities
Districts.
2. The City Council adopted its Resolution of Intention to
order the improvement described therein under the Municipal
Improvement Act of 1913, and directed Roland Brust, as the Engineer
of Work for the assessment district, to prepare the report required
by Section 10204 of the Streets and Highways Code. The Resolution
of Intention was later amended.
The improvement is generally described as follows:
(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.
3. The Engineer of Work filed the report as directed, and the
City Council called a hearing on the report as required by Section
10301 of the Streets and Highways Code. Notice of the hearing was
given by publication, by street posting and by mailing to affected
property owners, all according to the Municipal Improvement Act of
1913. Affidavits of publication, posting and mailing were filed
with the City Clerk.
4. At the time and place for which notice was given, the City
Council conducted a public hearing and gave every interested person
an opportunity to object to the proposed improvement, the extent of
the assessment district, or the proposed assessment. Following the
hearing, at the direction of the City Council the Engineer of Work
filed an amended report.
5. The City Council finds that written protests against the
proposed improvement have not been made by owners representing more
than one -half of the area of the land to be assessed for the
improvement.
6. The documents and events described in paragraphs 1 to 4,
inclusive, are stated here in tabular form, with their dates and,
where appropriate, their numbers. All documents are now on file
with the City Clerk.
2
Document or Event
Date
Number
a.
Resolution approving boundary map
06/28/88
88 -126
b.
Boundary map filed with County Recorder
07/07/88
88 -50557
C.
Resolution Requesting Consent to Conduct
Assessment Proceedings
09/11/90
90 -205
d.
Resolution Granting Consent to Conduct
Assessment Proceedings
09/14/90
90 -2134
e.
Resolution of Intention
06/28/88
88 -129
f.
Resolution Amending Resolution of Intention
01/08/91
91 -03
g.
Amended boundary map filed with County
Recorder
12/27/90
90- 124630
h.
Filing of Engineer's Report
02/12/91
Dated
i.
Resolution Accepting Report
02/12/91
91 -26
j.
Certificate of Mailing
Notice of Improvement
02/20/91
Dated
k.
Affidavit of publication
of Notice of Improvement
02/27/91
Dated
1.
Certificate of Posting
Notice of Improvement
02/19/91
Dated
m.
Public hearing conducted
03/26/91
2
7. The City Council approves the Amended Engineer's Report and
each component part of it, including each exhibit incorporated by
reference in the report.
8. The City Council finds that the Engineer of Work, in the
Amended Engineer's Report has fairly and properly apportioned the
cost of the improvement to each parcel of land in the assessment
district in proportion to the estimated benefits to be received by
each parcel, respectively, from the improvement. The City Council
hereby confirms and levies each individual assessment as stated in
the Amended Engineer's Report.
9. This City Council orders the improvement described in
paragraph 2 and as detailed in the Amended Engineer's Report.
10. 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.
11. According to Section 10603 of the Streets and Highways
Code, the City Council designates the City Treasurer to collect and
receive payment of the assessments. The property owners have
elected to waive their right to pay their assessments in cash
before the issuance of improvement bonds.
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 26th day of March,
1991, by the following vote of the members thereof:
AYES: ( 5 ) Councilmembers Hollingsworth, Hopkins, Reilly, Spiro and Eck
NOES: ( 0 ) Councilmembers None
ABSENT:(0) Councilmembers None
ABSTAIN:(O )Councilmembers
APPROVED:
5A-
Mayor