1967/06/19 City Council ResolutionWJML'PDA.gmb 6/14/67 10c
RESOLUTION NO � 6, 7�i_l
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT,
CONFIRMING THE ASSESSMENT AND ORDERING THE
WORK AND ACQUISITIONS
COUNTRY CLUB DRIVE, AND SNYDER LANE SEWER TRUNK LINES
ROHNERT PARK SANITARY SEWERAGE PROJECT NO. 1967 -1
RESOLVED,
VED, by the City Council of the City of Rohnert Park,
California, that
WHERE-AS, on the 20th day of March, 1967, said Council
adopted its Resolution of Intention No. 67-23 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 and being a
comn-i-_e-i-_ 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 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 lands and easements to
be acquired, (2) plans and specifications of the proposed im-
provements, (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;
W11EREAS,9 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 19th day of
June, 1967, at the hour of 7?'�O o'clock P.M. of said day in the
Council Chambers, 435 Southwest Boulevard, Rohnert Park, Cali-
fornia, 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 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 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 im-
provements were fully heard and considered by said Council,
and said Council has acquired jurisdiction to order said acquisi-
tions and improvements and the confirmation of said diagram and
2.
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 proposed
acquisitions and improvements, as a whole, or against 'V-h-_ 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 maps and descriptions., or against the diagram or assessment to
pay for the cos-"-,s 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 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 here-
after levied and collected to cover the costs and expenses of said
acquisitions and improvements.
3. That the plans and specifications for the proposed im-
provements, 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.
50 That the maps and descriptions of the lands and ease-
ments to be acquired, as contained in said report, be, and the
same are herebyj finally approved and confirmed.
6. That the public interest and convenience require, and
said Council does hereby order the acquisitions and improve-
ments 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 parti-
cular description 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, 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, each of which sub-
divisions 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.
80 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 sub-
divisions., respectively9 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 acquisi-
tions 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
Superintendent of Streets the said assessment, together with
said diagram thereto attached. and made a part thereof ' as con-
firmed by this Council, with his certificate of such confirmation
thereto attached and of the date thereof; and that said Super-
intendent 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.
110 That said Superintendent of Streets, -upon the record-
ing 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 prop-
erty assessed sufficient to enable the owner to identify the
same, the amount of the assessment, the time and place of pay-
ment 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 19150
120 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 World, a newspaper
published in Sonoma County, there being no newspaper published
in said City, that said assessment has been recorded -Inhis
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,
-e,-' in said notice, and +, 4-Inn fqn4- that
which date shall be ,stated _L .1 % V� - - _. _ fact that
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, Cali-
fornia, at a meeting thereof held on the day of
1967, by the following vote of the members
thereof-,
AYES, and in favor thereof, Councilmen-
NOES, Councilmen-
ABSENT, Councilmen
APPROVED,
M-ayor
W
City Clerk