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1968/09/16 City Council ResolutionWJML ®JSop loc RESOLUTION NO. 68 -/40(p A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK. AND ACQUISITIONS COPELAND CREEK IMPROVEMENT PROJECT PROJECT NO. 1968 -3 RESOLVED, 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 -48, as subsequently amended, to acquire and construct public improvements in said City, and referred the pro- posed 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 In- tention, 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 writing in accordance with and pursuant to the Municipal Improvement Act of 19139 WHEREAS, said report was duly made and filed with the Clerk of said City, whereupon said Clerk presented it to the Council for con- sideration; 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 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 September, 1968, at the hour of 8:00 o'clock P.M., of said day in the Council Chambers, City Hall, Rohnert Park, California, as the time and place for hearing pro- tests 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 YEaring 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 WHEREAAS, no persons interested, objecting to said ac- quisitions 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 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 per- taining to said acquisitions and improvements were fully heard and con- sidered by said Council, ---- -- - - ---- , - -- - - - -- , and said Council has acquired jurisdiction to order said acquisitions and improvements and the con- firmation of said diagram and assessment to pay the costs and expenses thereof. NOW, THEREFORE, said Council does hereby FIND, DETERMINE and ORDER, as follows: -2- 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 hear- ing file written protests against the said proposed acquisitions and im- provements as a whole, or against the said district or the extent there- of 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 dia- gram or assessment to pay for the costs and expenses thereof. 2. That the district benefited by said acquisitions and improve- ments 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 in- cidental 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 acqui- sitions 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. -3- 64 That the public interest and convenience require, and said Council does hereby order the 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 said ac- quisitions and improvements, and also for further particularls pur- suant to the provisions of said Municipal Improvement Act of 19130 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. 10. That the City Clerk shall forthwith deliver to the Super- intendent of Streets the said assessment, together with said dia- gram thereto attached and made a part thereof, as confirmed by this -4- 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 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 iden- tify 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 as- sessments pursuant to the Improvement Bond Act of 19150 12. That said Superintendent of Streets shall also give notice by publishing a copy of a Notice to Pay Assessments by three suc- cessive 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 as- sessed thereon are due and payable immediately, and that the pay- ment 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 as- sessments 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 16th day of September ,1968 , by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: (4) Buchanan, Hopkins, Rogers and Roberts NOES, ABSENT, APPROVED: " Mayor Councilmen: Councilmen: (0) None (1) Smith to I�f? Deputy City Clerk