1972/05/15 City Council ResolutionWJM &L <PDA:Sozw 5/1/72 10c
RESOLUTION N0, 72- 65
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT,
CONFIRMING THE ASSESSMENT AND ORDERING THE WORK
AND ACQUISITIONS
COUNTRY MANOR ASSESSMENT
DISTRICT NO. 1972 -1
RESOLVED, by the City Council of the City of Rohnert Park,
California, that
WHEREAS, on the 3rd day of April,1972, said Council adopted its
Resolution of Intention No. 72 -42, 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 competent person appointed by said City for
that purposes
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 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, includ-
ing (1) maps and descriptions of lands and easements to be acquired,
(2) plans and specifications of the proposed improvements, (3) esti-
mate of costs, (4) diagram of district, and (5) an assessment accord-
ing 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 15th day of May, 1972, at the hour of
7:30 o'clock P.M. of said day in the Council Chambers, City Hall,
435 Southwest Boulevard, Rohnert Park, California, 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 certificates and 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 diagrams, 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 improvements were fully
heard and considered by said Council, -- - - -- - -- -- ,
and said Council has acquired jurisdiction to order said acquisition
and 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-
tions and improvements as a whole, or against the 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 descrip-
tions, or against the diagram or assessment to pay for the costs and
expenses thereof.
2. That the district benefited by said acquisitions and im-
provements 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 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.
4. That the Engineer's estimate of the itemized and total costs
and expenses of said acquisitions and improvements and of the inciden-
tal 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.
6. That the public interest and convenience require, and said
Council does hereby order the acquisitions and 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
3
which is hereby made for a more particular description of said
acquisitions and improvements, and also for further particulars 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, 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 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 Superin-
tendent 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 the 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 Sonoma County 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 statement
of the fact that bonds will be issued on the unpaid assessments pur-
suant to the Improvement Act of 1911.
12. That said Superintendent of Streets shall also give notice gw�-Ic_
by publishing a copy of a Notice to Pay Assessments e,8uccessive
in Central County Clarion, 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 pay-able 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.
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 15th day of
May , 19 72, by the following vote of the
members thereof:
AYES, and in favor thereof, Councilmen: (4) Beary, Flores,
Hopkins, and Roberts
NOES, Councilmen (1) Smith
ABSENT, Councilmen: (0) None
ep y City r
APPROVED:
Mayor �