1971/11/01 City Council Resolution (5)WJM&L <PDA:Sozw 8/2+/71 loc
RESOLUTION NO. 71- 137
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT,
CONFIRMING THE ASSESSMENT AND ORDERING THE WORK
AND ACQUISITIONS
SNYDER LANE IMPROVEMENT PROJECT NO. 1971 -2
RESOLVED, by the City Council of the City of Rohnert Park,
California, that
WHEREAS, on the 2nd day of August, 1971 said Council adopted
its Resolution of Intention No. 71 -91 to acquire and construct
public improvements in said City, and referred the proposed acqui-
sitions 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 Council 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 Improve-
ment 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,
including (1) maps and descriptions of lands and easements to be
acquired; (2) plans and specifications of the proposed improve-
ments, (3) estimate of costs, (4) diagram of district, and (5) an
assessment according 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
said Act, whereupon said Council, pursuant to the requirements of
said Act, appointed Tuesday, the 7th day of September, 1971, at
the hour of 7:00 o'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 certificates and 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, persons interested, objecting to said
acquisitions and improvements, or to the extent of the assessment
district, or to the proposed assessment or diagram, or to the maps
and descTptions, 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 pertaining to said acquisitions and improvements were fully
heard and considered by said Council,
and were overruled ,
and said Council has acquired jurisdiction to order said acquisi-
tions and improvements and the confirmation of said diagram and
assessment to pay the costs and expenses thereof.
NOW, THEREFORE, said Council does hereby FIND, DETERMINE and
ORDER, as follows:
le 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 ac-
quisitions and improvements as a whole, or against the said district
2
or 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 incidental 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 acquisitions 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 which is hereby made for a more particular description
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of said acquisitions and improvements, and also for further particu-
lars pursuant to the provisions of said Municipal Improvement Act
of 1913.
7. That the diagram showing the assessment district referred
to and described in said Resolution of Intention, and also the bound-
aries and dimensions of the respective subdivisions of land within
said district as the same existed at the time of the passage of said
Resolution of Intention, each of which subdivisions having been given
a separate number upon said diagram, as contained in said report, be,
and it is hereby, finally approved and confirmed as the diagram of
the properties to be assessed to pay the costs and expenses of said
acquisitions and improvements.
8. That the assessment of the total amount of the costs and
expenses of the proposed acquisitions and improvements upon the
several subdivisions of land in said district in proportion to the
estimated benefits to be received by said subdivisions, respectively,
from said acquisitions and improvements, and of the expenses inci-
dental thereto, contained in said report, be, and the same is hereby,
finally approved and confirmed as the assessment to pay the costs
and expenses of said acquisitions and improvements.
9. That said Engineer's report be, and the same is hereby,
finally adopted and approved as a whole.
10. That the City Clerk shall forthwith deliver to the Super-
intendent of Streets the said assessment, together with said diagram
thereto attached and made a part thereof, as confirmed by this
Council, with his certificate of such confirmation thereto attached
and of the date thereof; and that said Superintendent of Streets
shall record said diagram and assessment in his office in a suitable
book to be kept for that purpose, and append thereto his certificate
of the date of such recording, and such recordation shall be and
constitute the assessment roll herein.
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11. That said Superintendent of Streets, upon the recording
of said diagram and assessment, shall mail to each owner of real
property within the assessment district at his last known address
as the same appears on the tax rolls of the City or on file in the
office of the City Clerk of said City, or to both addresses if said
address is not the same, or to the general delivery when no address
so appears, a statement containing a designation by street number or
other description of the property assessed sufficient to enable the
owner to identify the same, the amount of the assessment, the time
and place of payment thereof, the effect of failure to pay within
such time, and a statement of the fact that bonds will be issued
on the unpaid assessments pursuant to the Improvement Act of 1911.
12. That said Superintendent of Streets shall also give notice
by publishing a copy of a Notice to Pay Assessments by three (3)
successive insertions in the Central County Clarion, a newspaper
published in Sonoma County, there being no newspaper published in
said City, that said assessment has been recorded in his office,
and that all sums assessed thereon are due and payable immediately,
and that the payment of said sums is to be made thirty (30) days
after the date of recording said assessment, which date shall be
stated in said notice, and of the fact that bonds will be issued
upon unpaid assessments as above provided.
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 , 19 711 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
i�
1 i-✓
Deputy C t y �
APPROVED;
F ayor