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1965/09/20 City Council Resolution 270WJML:JS :amf 9 -15 -65 10C RESOLUTION NO a A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE ACC�.UiSITIONS FRONTAGE ROAD SEVIER AND WATER PROJECT 1955 -2 RESOLVED, by the City Council of the Ci protests in relation to said proposed acquisition of improvements, and directing the City Clerk of said City to give notice of said hear- ing 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 Clerk, whereupon said hearing was duly and regularly held at the time and place stated in said notice; and WHEREAS, —a persons interested, objecting to said acquisition of 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 pertaining to said acquisition of improvements were fully heard and considered 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 acqui- sition of improvements as a whole, or against the said district or the extent thereof to be assessed for the costs and expenses of said acquisition of improvements as a whole, or as to the Engineer's estimate of said costs and expenses, or against the maps and descrip- tions, or against the diagram or assessment to pay for the costs and expenses thereof. I 2. That the district benefited by said acquisition of 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 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 acquisition of 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. 4. 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,fina"Lly adopted and approved as the Engineer's total and detailed estimate of the costs and expenses of said acquisition of improvements. 5. That the maps and descriptions of the acquisitions to be made, 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 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 acquisition of improvements, and also for further particulars pur- suant 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 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 acquisition of improvements. 8. That the assessment of the total amount of the costs and expenses 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. 9. That said Engineer's report be, and the same is hereby, finally adopted and approved as a whole. 10. 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 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 4 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 Act of 1911. 12. That said Superintendent of Streets shall also give notice 74466 - by publishing a copy of a Notice to Pay Assessments by successive insertions in the Santa Rosa Press Democrat, a 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. 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 20th day of September, 1955, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Bu n, Pezonella, V. Smith, Rogers, C. Smith NOES, Councilmen - --- o___..... --Z-1 ABSENT, Councilmen: w C' A 04 A PJ APPROVED- Mayor 5 City Clerk