1967/02/20 City Council Resolution (6)WJML:JS:rd 1/11/67 10c
RESOLUTION NO.
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT,,
CONFIRMING THE ASSESSMENT AND ORDERING THE
WORK AND ACQUISITIONS
SONOMA STATE EXPRESSWAY IMPROVEMENT PROJECT NO. 1966-2
RESOLVED, by the City Council of the City of Rohnert Park,
California, that
WHEREAS, on the lst day of August,, 1966, said Council adopted
its Resolution of Intention No. 351, 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
construction 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
matters and things called for by the provisions of said Act, in-
cluding (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 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 Monday, the 16th day of January, 1967, 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 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 affidavits on file with said
City Clerk, whereupon said hearing was duly and regularly held at the
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time and place stated in said notice; and
WHEREAS, --e – 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 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,
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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.
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 pro-posed
acquisitions and improvements as a whole, or against the said district
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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
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 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
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, 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, 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 particulars
pursuant to the provisions of said Municipal Improvement Act of 19130
7, That the diagram, as modified, 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, as modified, 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 incidental
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, as modified, be, and the same
is hereby, finally adopted and approved as a whole.
10. That the City 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
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.
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
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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 descrip-
tion 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 Bond Act of 1915a
12, That said Superintendent of Streets shall also give notice
by publishing a copy of a Notice to Pay Assessments by three successive
insertions in The World, 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.
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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 ,Zo day of
1962, by the following vote of the members
thereof:
AYES, and in favor thereof, Councilmen :�� -"4e/
NOES, Councilmen: }
ABSENT, Councilmen:
APPROVED:
Mayor
ity Clerk