1971/08/16 City Council Resolution (2)WJM&L.PDA:S*Z'w .7/16/71 loc
RES OLUTION NO. 71- /
A RESOLUTION AND ORDER ADOPTING ENGINEERvS REPORT,
CONFIRMING THE ASSESSMENT AND ORDERING THE WORK
AND ACQUISITIONS
CODDINGLAND UNIT 2 ASSESSMENT DISTRICT 1968-1A
RESOLVED, by the City Council of the City of Rohnert Park,
California, that
WHEREAS,, on the 6th day of July, 1971, said Council adopted its
Resolution of Intention No. 71-73, to acquire and construct public
improvements in said City, and referred the proposed acquisitions
and improvements to the Engineer of Work of said City, he being the
officer having charge and control of the construction of improvements
in and for said City of the kind described in said Resolution of
Intention, and being a competent person appointed by said City for
that purpose;
WHEREAS, said Council thereby directed said Engineer of Work to
make and file with the City Clerk of said City a report in writing in
accordance with and pursuant to the Municipal Improvement Act of 1913;
WHEREAS, said report was duly made and filed with the City Clerk
of said City, -whereupon said Clerk presented it to the Council for
consideration;
WHEREAS, said Council thereupon duly considered said report
and each and every part thereof and found that it contained all the
matters and things called for by the provisions of said Act, includ-
ing (1) maps and descriptions of lands and easements to be acquired,
(2) plans and specifications of the proposed improvements, (3) esti-
mate of costs, (4) diagram of district, and (5) an assessment accord-
ing to benefits, all of which was done in the form and manner required
by said Act;
WHEREAS, said Council found that said report and each and every
part thereof was sufficient in every particular and determined that
it should stand as the report for all subsequent proceedings under
;-d ±1 1 ct,
.
saL `� whereupon said Council, pursuant to the requirements of said
Act, appointed Monday, the 161;Gh day of August, 1971, at the hour of
7° GC c`clock P.M., of said day in the Council Chambers, City Hall,
435 Southwest Boulevard, Rohnert Park, California., as the time and
place for hearing protests in relation to said proposed acquisitions
and improvements, and directing the City Clerk of said City to give
notice of said hearing as required by said Act;
WHEREAS, it appears that notices of said hearing were duly and
regularly posted, mailed and published in the time, form and manner
required by said Act, as evidenced by the affidavits on file with said
City Clerk, whereupon said hearing was duly and regularly held at the
time and place stated in said notice; and
WHEREAS, 0- persons interested, objecting to said acqui-
sitions and improvements, or to the extent of the assessment district,
or to the proposed assessment or diagram, or to the maps and descrip-
tions or to the grades at which said -work will be done, or to the
Engineer's estimate of the costs and expenses thereof, filed written
protests with the City Clerk of said City at or before the time set
for hearing, and all persons interested desiring to be heard were
given an opportunity to be heard, and all matters and things per-
taining to said acquisitions and improvements were fully heard and
considered by said Council, 9
and said Council has acquired jurisdiction to order said acquisition
and improvements and the confirmation of said diagram and assessment
to pay the costs and expenses thereof.
N09, THEREF,,,-)RE., said Council does hereby FIND, DETERMINE and
ORDER, as follows
10 That the owners of one-half of the area to be assessed for
the cost of the project did not, at or prior to the time fixed for
said hearing file written protests against the said proposed acquisi-
tions and improvements as a whole, or against the said district or
2
the extent thereof to be assessed for the costs and expenses of said
acquisitions and improvements as a whole, or as to the Engineer's
estimate of said costs and expenses, or against the maps and descrip-
tions, or against the diagram or assessment to pay for the costs and
expenses thereof.
2. That the district benefited by said acquisitions and im-
provements and to be assessed to pay the costs and expenses thereof,,
and the exterior boundaries thereof are more particularly described
in said Resolution of Intention and made a part hereof by reference
thereto. 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 said district and from the levy and collection of
the special taxes to be hereafter levied and collected to cover the
costs and expenses of said acquisitions and improvements.
3. That the plans and specifications for the proposed improve-
ments, contained in said report, be, and they are hereby, finally
adopted and approved as the plans and specifications to which said
work shall be done as called for in said Resolution of Intention.
4. That the Engineer's estimate of the itemized and total costs
and expenses of said acquisitions and improvements and of the inciden-
tal expenses in connection therewith, contained in said report, be,
and it is hereby, finally adopted and approved as the Engineer's
total and detailed estimate of the costs and expenses of said acquisi-
tions and improvements.
5. That the maps and descriptions of the lands and easements to
be acquired, as contained in said report, be, and the same are hereby,
finally approved and confirmed.
6. That the public interest and convenience require, and said
Council does hereby order the acquisitions and improvements to be made
as described in and in accordance with said Resolution of Intention.,
on file in the office of the City Clerk of said City, reference to