1969/04/21 City Council Resolution (3)RESOLUTION NO- 69- 3
A RESOLUTION AND ORDER ADOPTING �._' NGINEER'S
REPORT, AS MODIFIED, CONFIRMING THE ASSESSMENT
AND ORDERING THE WORK AND ACQUISITIONS
CODDINGIAND UNIT 1 ASSESSMENT DISTRICT
1968-1
RESOrV'ED, by the City Council of the City of Rohnert Park,
California, that
WHEREAS, on the 6th day of May, 1968, said Council adopted its
Resolution of Intention No. 68-45, as subsequently amended, to acquire
and construct public improvements in said City, and referred the pro-
posed acquisitions and improvements to the Engineer of work of said
City, he being the officer having charge and control of the construct-
ion of 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 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
rZ,tters 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 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
Actlo
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 Monday, the 17th day of March, 1969, at the hour of
oOO 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 pouted, 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 notices and
WHEREAS, persons interested, objecting to said acquisitions
and �J provements, or to the extent of the assessment district, or to
the pro -posed assessment or diagram, or to the maps and descriptions
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 acquisition 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:
la 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
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
-2-
estlimmate 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.
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 function
as such shall be omitted from said district and from the levy and col-
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, as modified, contained in said report, be, and they are hereby,
fingally adopted and approved as the plans and specifications to which
said work shall be done as called for in said Resolution of Intention,,
as amended.
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, as modified, 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,
as amended, on file in the office of the City Clerk of said City,
reference to which is hereby made for a more particular description of
a.cqui s it-L ons and improvements, and also for further particulars
5 s two tree provisions of said Niunic .pal
Improvement Act of 1913
17 ghat the diagram showing the aasessment district referred
t and described in said Resolution of Intention, as amended, and
also the boundaries and dimensions of the respective subdivisions
of lasnd within said district as the same existed at the time of
the passage of said Resolution of Intentions, as arqended, each of which
subdivisions having been given a separate number upon said diagram,
as modified, 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, as modified, 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.
90 That said Engineer ®s report, as modified, be, and the
same is hereby, finally adopted and approved as a whole.
1 0a 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 the 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.
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
4
th same appears on the tax rolls of the City or on file in the
of' the City Clerk of said City, or to both addresses if
'--aid address is not the same, or to the general delivery when no
addre5s 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 ti rne 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 Tmprovement Act of 19110
12. That said Superintendent of Streets shall also give notice
by publishing a copy of a Notice to Pay Assessments by three success-
ive insertions in The World, a newspaper published in Sonoma County.,
thiere being no newspaper published In said City, that said assessment
has been recorded in his office, and that all sums assessed thereon
due and. payable immediately, and that the payment of said sums is
to be made thirty (30) days after the date of recording said assessv-
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 21st day of
April 19 69, by the following vote of the
members thereof:
AYES, and in favor thereof, Councilmen: (5) Buchanan,
Hopkins, Roberts, Smith & Rogers
NOES, Councilmen: (0) None
ABSENT, Councilmen: (0) None
Deputy City Clerk