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1971/11/01 City Council Resolution (2)WJM&L-.PDA-S'zw 9/14/71 - 10c RESOLUTION NO. 71-134 A RESOLUTION OF DETERMINATION, UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE., TO PROCEED WITH PROCEEDINGS FOR ACQUISITIONS AND IMPROVEMENTS SNYDER LANE IMPROVEMENT PROJECT NO. 1971-2 RESOLVED, by the city Council of the City of Rohnert Park, California, that WHEREAS, in accordance with the order of this Council a report has been filed with this Council pursuant to Divsion 4 of the Streets and Highways Code for the acquisition and construction of the follow- ing public improvements in and for said City- (a) The acquisition of property necessary for the widening of Snyder Lane to a uniform width of 86 feet from a point approximately 100 feet southerly of Southwest Boulevard northerly 2.,300 feet, more or less.' to Rohnert Park Expressway by clearing, grubbing, grading, removal of existing trees, shrubs and structures and the construction therein of base, pavement, curbs, gutters, sidewalks,, driveway, ducts, railings where required, street signs, barricades, berms, retaining walls where required, tree planting, monuments, traffic striping, sur- face and subsurface storm drainage facilities, including storm drain mains, catch basins, culverts, riprap and a bridge and/or box culvert; at Copeland Creek, as required, sanitary sewer mains, manholes with manhole frames and covers and laterals, together with appurtenances thereto, and water mains, tees, crosses., valves, valve boxes, fire hydrants., services and appurtenances, where required, and the reloca- tion or reconstruction of utilities, as required. (b) The acquisition of capacity rights and rights of service and use in an existing water main together with all appurtenances thereto in Snyder Lane from its intersection with Southwest Boulevard running thence northerly 19359 feet, more or less9 to an existing wello (c) The acquisition of all lands, easements and rights and the performing of all work auxiliary to any of the above necessary to complete the same, WHEREAS, Tuesday, the 7th day of September, 1971, at the hour of 7000 o'clock P.M.., in the Council Chambers., 435 Southwest Boulevard, Rohner-1`0 Park, California, were fixed by this Council as the time and place for hearing upon said report; and notice of said hearing has been duly given to all persons interested in the manner and for the time provided by law,, as appears from affidavits thereof on file with the City Clerk; WHEREAS, this Council determined that said report should be heard before this Council, it being the legislative body of said City and at said hearing on the report, the report, except as to the mzap,, plat or diagrar.nk, and the assessed valuations, true valuations and estimated asses'SIMen".1s U,,r)n each parcel of land., was read before protest s were considered; and WHEREAS, all persons interested desiring to be heard were fully heard, and I all oral protests or objections made at the hearing to the ordering of the things proposed to be done, and all written protests to the ordering of said things or relating to the regularity or sufficiency of the proceedings setting forth the irregularity or defect to which objections were made, and which were filed with the City Clerk of this City at or before the time fixed for the hearing, were fully heard and considered by the Council; NOW, THEREFORE, IT IS ORDERED, as follows' 1. That said improvements constitute a single comprehensive scheme for the construction of said improvements as described in Reso- lution of Preliminary Determination for thesE proceedings heretofore adopted by this Council on August 23 1971. 2. That the owners of more than one-half of the area of the property to be assessed for the acquisitions and improvements have not filed with the city Clerk of this City at or before the time fixed for said hearing, or at a113 written protests or objections to the ordering of the things proposed to be done, contained in said report. 3. That the owners of more than one-half of said area to be assessed have not, either orally or in writing;, protested or objected to the ordering of said things proposed to be done, and that each and all of said protests are hereby cverruLed� 4. That said report and proceedings heretofore had thereon or therefor are valid and fully conform with the provisions of Div .lion. 4 of the Streets and Highways Code, and all protests in writing relating to the regularity or sufficiency of the proceedings, filed with said 2 Clerk of this City at or be-fore the time fixed for said hearing9 are hereby overruled. 5. That the public interest, convenience and necessity require the acquisitions and improvements set forth in said report, that said proposed project is feasible and that the lands to be assessed therefor will be able to carry the burden of such proposed assessments, and the limitations on the amounts of the assessments provided for in said Division 4 may be disregarded, both with respect to the limita- tions on the district as a whole, and as to the limitations on in- dividualg specified assessments. 60 The lands proposed to be specially assessed to pay the costs and expenses of said acquisitions and improvements, are all as shown on the diagram of the proposed assessment district, which is a part of the report of the Engineer of Work of said City. 7. Proceedings for the acquisition and construction of said improvements will be had pursuant to the Special Assessment Investi- gation, Limitation and Majority Protest Act of 1931 and the Municipal Improvement Act of 1913, and the bonds upon the unpaid assessments will be issued pursuant to the improvement Act of 1911° 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 1st — day of November 19_211 by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: (4) Buchanan, Roberts, Rogers, and Hopkins NOES, Councilmen: (1) Smith ABSENT, Councilmen: (0) None " p.zezzlt ? Deputy City t Plerk APPROVED: