1968/08/05 City Council Resolution (3)WJML:JS:p loc
RESOLUTION no. 68® 79
A RESOLUTION ATM ORDER ADOPTING ENGINEER?S REPORT
CONFIRMING THE ASSESSMENT AND ORDERING THE ACQUISITIONS
SEWER AND WATER PROJECT NO. 1967 ®5
RESOLVED, by the City Council of the City of Rohhert Park,
lalifornia, that
WHEREAS, on the 17th day of June, 1968, said Council adopted
its Resolution of Intention No. 68-58 to acquire public improve-
vents in said City, and referred the proposed acquisitions of
improvements to the Engineer of Work of said City, he being the
officer having charge and control of the acquisition of improve-
ments in and for said City of the kind described in said Resolu-
tion of Intention and being a competent person appointed by said
Council for that purpose;
WBEREAS, 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 Improve-
ment Act of 1910,
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) estimate of costs, (3) diagram of district, and (4) 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 5th day of August, 1968, at the hour
of 8000 o'clock P.M.3 of said day in the Council Chambers, 435 South-
west Boulevard, Rohner-IC, Park, California, as the time and place for
hearing protests in relation to said proposed acquisitior of improve-
ments, and directing the City Clerk of said City to give notice of
said hearing as required by said Acts
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 noticed and
WHEREAS, 0 persons interested, objecting to said acquisi-
tion of imurovements, or to the extent of the assessment 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-, 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 per-
taining to said acquisition of improvements were fully heard and con-
sidered by said Council, and said Council has acquired jurisdiction
to order said acquisition of 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 proposed acquisi-
tion of improvement; as a whole, or against the said district or the
extent thereof to be assessed for the costs and expenses of said ac-
quisition of improvements as a whole, or as to the Engineer's esti-
mate 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.
20 That the district benefited by said acquisition of improve-
ments and to be assessed to pay the costs and expenses thereof9 and
the exterior boundaries thereof are more particularly described in
said Resolution of Intention and made a part hereof by reference
thereto!o That all public streets and highways within said assess-
ment 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 improvementso
3. That the Engineer's estimate of the itemized and total costs
and expenses of said acquisition of 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 acquisition
of improvements.
4. 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.
5. That the public interest and convenience require, and said
Council does hereby order the acquisition of 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 of said
,cquisition of improvements, and also for further particulars pursuant
-,o the provisions of said Municipal Improvement Act of 19130
6o That the diagram showing the assessment district referred to
aid described in said Resolution of Intention, and also the boundaries
ind dimensions of the respective subdivisions of land within said dis-
trict as the same existed at the time of the passage of said Resolution
Df Intention, each of which subdivisions having been given a separate
number upon said diagram, as contained in said report, be, and it is
aereby, finally approved and confirmed as the diagram of the properties
to be assessed to pay the costs and expenses of said acquisition of
improvements.
7. That the assessment of the total amount of the costs and ex-
penses of the proposed acquisition of 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
acquisition of 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
acquisition of improvements.
80 That said Engineer's report be, and the same is hereby, finally
adopted and approved as a whole.
90 That the Clerk shall forthwith deliver to the Superintendent
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 certicicate of the date of
such recording, and such recordation shall be and constitute the
assessment roll herein.
mom
100 That said Superintendent of Streets,, upon the recording of
said diagram and assessment, shall mail to each owner of real property
Kithin 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 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 state-
ment of the fact that bonds will be issued on the unpaid assessments
pursuant to the Improvement Bond Act of 1915, the last installment of
which bonds shall mature not to exceed fourteen (14) years from the
second day of July next succeeding ten (10) months from their date.
11. 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 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 immedidately, and that the payment of said sum,' is
to be made thirty (30) days after the date of recording said assess-
ment'. which date shall be stated in said notice, and of the fact that
bonds will be issued upon unpaid assessments as above provided.
-5-
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 5th day of
August 19§8 by the following vote of the
members thereof:
AYES., and in favor thereof, Councilmen:
(3) Roberts, Rogers and Smith
NOES, Councilmen: (0)
ABSENT., Councilmen: (2) Buchanan and Hopkins
APPROVED:
mayor