1970/07/06 City Council Resolution (2)WJML:PDA:Sop 6/16/70 lOc
RESOLUTION NO. 70 -$8
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING
THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS
SOUTHWEST BOULEVARD IMPROVEMENT PROJECT NO. 1970 -4
RESOLVED, by the City Council of the City of Rohnert Park,
California, that
WHEREAS, on the 6th day of April, 1970, said Council adopted
its Resolution of Intention No. 70 -485 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 Intention, 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 writ-
ing 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,
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 man-
ner 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 pro-
ceedings under said Act, whereupon said Council, pursuant to the
requirements of said Act, appointed Monday, the 6th day of July,
1970, at the hour of 7030 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 relation to said proposed
acquisition and construction of 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 fully 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 acqui-
sitions and improvements, or to the extent of the assessment dis-
trict, 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 f- or hear-
ing, and all persons interested desiring to be heard were given an
opportunity to be heard, and all matters and things pertaining to
said acquisition and improvements were fully heard and considered
by said Council, and were overruled ,
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.
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NOW, THEREFORE, said Council does hereby FIND, DETERMINE and
ORDER, as follows:
to 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 acqui-
sitions 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 speci-
fications, or against the maps and descriptions, or against the dia-
gram or assessment to pay for the costs and expenses thereof.
20 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, 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 func-
tion as such shall be omitted from said district and from the levy
and collection of the special taxes to be hereafter levied and col-
lected to cover the costs and expenses of said acquisition of im-
provements.
3. That the plans and specifications,.as contained in said
report, be, and the same are hereby, approved and confirmed.
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.
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5. 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 improvements to be
made as described in and in .accordance with said Resolution of In-
tention, as amended, on file in the office of the City Clerk of said
City, reference to which is hereby made for a more particular de-
scription of said acquisitions and improvements, and also for further
particulars 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; as amended, and
also the boundaries 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, 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 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.
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loo That the Clerk shall forthwith deliver to the Superin-
tendent of Streets the said assessment, together with said diagram
thereto attached and made a part thereof, as confirmed by this Coun-
cil, 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 con-
stitute the assessment roll therein.
Ile That said Superintendent of Streets, upon the recording of
said diagram and assessment, shall mail to each owner of real prop-
erty 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 ap-
pears, 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 succes-
sive 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.
5
T 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 6th_ day of
July , 19 70, by the following vote of the
members thereof
AYES, and in favor thereof, Councilmen: (5) Buchanan, Hopkins,
Roberts, Rogers,
and Smith
NOES, Councilmen: (0) None
ABSENT, Councilmen: (0) None'
Deputy Y' 1, er