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1965/06/21 City Council Resolution 239WJML > JS: pk 6 -14 -65 8 C RESOLUTION NO, _ A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT; CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS, IMPROVEMENT PROJECT 1965 -1 RESOLVED, by the City Council of the City of Rohnert Park; California, WHEREAS, on the 19th day of April, 1965, said Council adopted its olution of Intention No. 214 to acquire and construct public improve - is in said City and referred the proposed acquisitions and improve - its to the Engineer of Work of said City, he being the officer having urge and control of the construction of improvements in and for said ;y of the kind described in said Resolution of Intention and being a Zpetent person appointed by said Council for that purpose; WHEREAS, said Council thereby directed said Engineer of ?.Fork to ce and file with the City Clerk of said City a report in writing in ;ordance with and pursuant to the Municipal Improvement Act of 1913; WHEREAS, said report was duly made and filed with the City Clerk said City, whereupon said Clerk presented it to the Council for con - leration; WHEREAS, said Council thereupon duly considered said report and c1 and every part thereof and found that it contained all the matters d things called for by the provisions of said Act, including (1) maps d descriptions of lands and easements to be acquired, (2) plans and ecifications of file proposed improvements; (3) estimate of costs; diagram of district, and (5) an assessment according to benefits, 1 of which was done in the form and manner required by said Act; WHEREAS, said Council found that said report and each and every rt thereof was sufficient in every particular and determined that it could stand as the report for all subsequent proceedings under said :t, whereupon said Council, pursuant to the requirements of said Act, )pointed Monday, the 21st day of June, 1965 at the hour of 8:00 o'clock M., of said day in the Council Chambers, City Hall; Rohnert Park, _ifornia, as the time and place for hearing protests in relation to _d proposed acquisitions and improvements, and directing the City irk of said City to give notice of said hearing as required by said 9 WHEREAS; it appears that notices of said hearing were duly and regu- ^ly posted, mailed and published in the time; form and manner required said Act, as evidenced by the affidavits on file with said Clerk, =reupon said hearing was duly and regularly held at the time and place 3.ted in said notice; and WHEREAS, � persons interested, objecting to said acqui- Lions and improvements, or to the extent of the assessment district, to the proposed assessment or diagram, or to the maps and descriptions, to the grades at which said work will be done; or to the Engineer's timate of the costs and expenses thereof, filed written protests with e City Clerk of said City at or before the time set for hearing, and 1 persons interested desiring to be heard were given an opportunity be heard, and all matters and things pertaining to said acquisitions �d improvements were fully heard and considered by said Council, - , and said )uncil has acquired jurisdiction to order said acquisitions and improve - �nts and the confirmation of said diagram and assessment to pay the costs id expenses thereof. NOW, THEREFORE, said Council does hereby FIND, DETERMINE and ORDER, follows: le That the owners of one -half of the area to be assessed for the Dst of the project did not, at or prior to the time fixed for said hear - ag file written protests against the said proposed acquisitions and im- rovements as a whole, or against the said district or the extent thereof o be assessed for the costs and expenses of said acquisitions and im- rovements as a whole, or as to the Engineer's estimate of said costs nd expenses; or against the maps and descriptions, or against the dia- ram or assessment to pay for the costs and expenses thereof. 9PX 2. That the district benefited by said acquisitions and improve- s and to be assessed to pay the costs and expenses thereof; and the ,rior boundaries thereof are more particularly described in said )lution of Intention and made a part hereof by reference thereto, ; all public streets and highways withi i said diagram, as contained in said report, be, and it is hereby, illy approved and confirmed as the diagram of the properties to be ;ssed to pay the costs and -expenses of said acquisitions and improve- -Is. 8. That the assessment of the total amount of the costs and expen- of the proposed acquisitions and improvements upon the several sub - Lsions of land in said district in proportion to the estimated bene- 3 to be received by saidt subdivisions, respectively, from said acqui- ions and improvements, and of the expenses incidental thereto; con- ned in said report, be, and the same is nereby, finally approved and firmed as the assessment to pay t',,Le costs and expenses of said acqui- ions and improvements. 9. That said Engineer's report be, and the same is hereby, finally pted and approved as a whole. 10. That the Clerk shall forthwith deliver to the Superintendent Streets the said assessment, together with said diagram thereto ;ached and made a -part thereof, as confirmed by this Council, with his ,tificate of such confirmation thereto attached and of the date thereof; I that said Superintendent of Streets shall record said diagram and ,essment in his office in a suitable book to be kept for that purpose, I append thereto his certificate of the date of such recording, and -h recordation shall be and constitute the assessment roll herein. 11. That said Superintendent of Streets, upon the recording of Ld diagram and assessment, shall mail to each owner of real property thin the assessment district at his last known address as the same pears on the tax rolls of the city or on file in the office of the ty Clerk of said City, or to both addresses if said address is not e same, or to the general delivery when no address so appears, a state- nt containinfz a des-i_,-,nation by street number or other description of �e property assessed sufficient to enable the owner to identify the Lme, the amount of the assessment, the time and place of payment thereof, ie effect of failure to pay within such time, and a statement of the ict that bonds will be issued on the unpaid assessments pursuant to Improvement Act of 1911. 12, That said Superintendent of Streets shall also give notice by Lishing a copy of a Notice to Pay Assessments by three successive �rtions in The World, a newspaper published in said City, that said essment has been recorded in his office, and that all sums assessed reon are due and payable immediately, and that the payment of said s is to be made thirty (30) days after the date of recording said essment, which date shall be stated in said notice, and of the fact t bonds will be issued upon unpaid assessments as above provided. I hereby certify that the foregoing is a full9 true and correct ;opy of a resolution duly passes. and adopted by the City Council of ;he City of Rohnert Park, Sonoma County, California, at a meeting dayr of t s 196 5-' , by the f ollow- ;hereof held on c Ae -- Lng vote of the members thereof o AYES, and in favor thereof 9 Councilmen* r NOES, Councilmen, ABSENT, Councilmen, APPROVED s- Mayor __ l �~ it Clerk y -5-