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1970/03/16 City Council Resolution (3)WJM&L:PDA:S :p 3/11/70 RESOLUTION NO. 70- 2q A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS AVRAM AVENUE and SANTA ALICIA DRIVE IMPROVEMENT PROJECT N.O. 1969 -3 RESOLVED, by the City Council of the City of Rohnert Park, California, that WHEREAS, on the 6th day of October, 1969, said Council adopted its Resolution of Intention No. 69-97, ,as subsequently amended, 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 acquisitions and improvements in and for said City of the kind described in said Resolution of Inten- tion, as amended, 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 Im- provement 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 all acquisitions to be made; (2) plans and specifications of the proposed improvements; (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 deter- mined 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 Monday, the 16th day of March, 1970, at the hour of 8:00 o'clock P.M., of said day in the Council Chambers, 435 Southwest Boulevard, Rohnert Park, California, as the time and place for hearing protests in rela- tion to said proposed acquisition and construction of improve- ments, 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, persons interested, objecting to said acquisitions and improvements, or to the extent of the assess - went district, or to the proposed assessment or diagram, or to the maps and descriptions, or to the Engineer's estimate of the costs and expenses thereof, or to the plans and specifications filed written protests with the City Clerk of said City at or before the time set for hearing, and all persons interested de- siring to be heard were given an opportunity to be heard, and all matters and things pertaining to said acquisition and im- provements were fully heard and considered by said Council, CC a �A , and said Council has acquired jurisdiction to order said acquisitions and improvements and the confirmation of said diagram and assessment to pay the costs and expenses thereof. -2- NOW, THEREFORE, said Council does hereby FIND, DETERMINE and ORDER, as follows-, 1, 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 acquisitions and improvements as a whole, or against the said district 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 plans and specifications, or against the maps and descriptions, or against the diagram or assessment to pay for the costs and expenses thereof. 2. That the district benefited by said acquisitions and improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof are more particu- larly described in said Resolution of intention, as amended, 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 acquisition of improve- ments. 3. That the plans and specifications, as contained in said report, be and the same are hereby, approved and con- firmed. 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, con- tained in said report, ire 4, and it is hereby, finally adopted and approved as the Engineers total and detailed estimate of the costs and ex-oenses of said acquisitions and. improvements. 50 That the maps and descriptions of all acquisitions to be made, 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 im- provements to 'be made as described in and in accordance with said Resolution of Intention,, as amended, on file in the office of the City Clerk of said City, reference to which is hereby made for a more partic-ij.1ar description of said acquisitions and improvements, and also for further particulars pursuant to the provisdions of said Municipal Improvement Act of 1913, 71, That the diagram showing the assessment district referred to and described in said Resolution of Intention, as amended-, and also th,e boundaries and dimensions of the respec- tive subdivisions of land within said district as the same ex]-sted at the time of the passage of said Resolution of In- tention, as amended. 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 con- ,firmed as J,--he 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 subd-lvisions of land in said district in pro-Oortion to the estimated benefits to be received by said subdivisions, respectively, from said acquisitions and improvements., and of the expenses incidental thereto, contained in said report, be, and the same is hereby,, finally approved and confirmed a,s the -4- assessment- to pay the costs and expenses of said acquisitions a.,-,d improvements, 9, Tha,-. said Engineer's report be, and the same is here- by, Tina il.y, adopted and approved as a whole, 10, Tnat the Clerk shall forthwith deliver to the S,U-,cer- in-f--enden'L-1 of Stree-Us t,-Ihe- said assessment, together with said diagram t,h.eretlo attached and made a part thereof, as confirmed by this Council, with his certificate of such confirmation thereto a-tached and of the date thereof; and that said Super- intendent of St-_reets 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 record- in-, a,-,d such recordation shall be and constitute the assess- ment roll" herein, -I-, -he re- �_L" That said Superintendent of Streets, upon (I cording of sai.d diagram and assessmente, shall mail to each ow-ner -f real property within the assessment district at his last- known address as the same appears on the tax ro-31-1s of the City or on,, fi]._e in the office of the City Clerk of said City." or "GO adaddresses if said address is not the same, or to the general delivery when no address so appears, a statement- con.10ai-ning a designation by street number or other description of the property assessed sufficient to enable the owner to -ide-nI*-.:J_­fy the same., the amount of the assessment, the time and place of payment thereof., the effect of failure to pay within suoL-, time, and a statement of the fact that bonds will be issued on the unpaid assessments pursuant to the Im- provement Act of 1911. l.2. Dhat said Superintendent tdt of Streets shall also give g �D notice by publishing a copy of a Notice to Pay Assessments by three sucessive 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. M 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 16th day of March ,.19 70 , by the following vote of.the Members thereof AYES, and in favor thereof, Councilmen: (4) Buchanan, Hopkins, Roberts, and Smith NOES, Councilmen: (0) None ABSENT, Councilmen: (1) Rogers eputy City r APPROVED: