1972/06/05 City Council ResolutionWJM &L:PDA:S <zw 6/1/72 10c
RESOLUTION NO. 72- 72
A RESOLUTION DETERMINING TO UNDERTAKE PROCEEDINGS
PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT
BOND ACTS FOR THE ACQUISITION AND CONSTRUCTION
OF IMPROVEMENTS WITHOUT PROCEEDINGS UNDER DIVISION
4 OF THE STREETS AND HIGHWAYS CODE
HIMEBAUGH CREEK, ET AL
IMPROVEMENT PROJECT NO. 1972 -3
RESOLVED, by the City Council of the City of Rohnert Park,
California, that
WHEREAS, all of the owners of more than 60% in area of the
property subject to assessment therefor have signed and filed with
the City Clerk of this City a written petition for undertaking pro-
ceedings pursuant to special assessment and assessment bond acts,
and to assess the costs thereof upon the properties benefited by
said improvements, and waiving proceedings under Division 4 of the
Streets and Highways Code, for the following described acquisitions
and improvements:
(a) The acquisition of property necessary for the widening,
extension, and opening of Himebaugh Creek to a uniform width of
125 feet, more or less, from U. S. Highway 101 at a point 800 feet,
more or less, northerly of Rohnert Park Expressway; running thence
easterly 2600 feet, more or less, to a point at the westerly right
of way line of the Northwestern Pacific Railroad at a point 800
feet, more or less, northerly of Rohnert Park Expressway by clearing,
grubbing, grading, excavation, the construction of inlet drains,
rip rap, service roads, landscaping, and right of way marker posts,
together with all the appurtenances of any of the above.
(b) The acquisition of all lands and easements and the per-
forming of all work auxiliary to any of the above, necessary to
complete the same.
WHEREAS, the costs and expenses of said contemplated acquisi-
tions and improvements are to be chargeable upon.an assessment
district, the exterior boundaries of which are the coterminous ex-
terior boundaries of the composite and consolidated area shown on
the map thereof on file in the office of the City Clerk, to which
reference is hereby made for further particulars;
WHEREAS, the public interest and convenience will be served
by the taking of said proceedings;
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED
that all of the owners of more than 60% in area of the. property
subject to assessment for said proposed acquisitions and improve-
ments have filed with the City Clerk of this City a written petition
for the acquisition and construction of improvements pursuant to
appropriate special assessment and assessment bond acts, without
further compliance with the provisions of Division 4 of the Streets
and Highways Code.
IT IS FURTHER FOUND, DETERMINED and ORDERED that said proceedings
for the acquisition and construction of said improvements shall be
had pursuant to the Municipal Improvement Act of 1913 and the bonds
upon the unpaid assessments thereof shall be issued pursuant to the
Improvement Act of 1911.
IT IS FURTHER FOUND, DETERMINED and ORDERED that the provisions
of Division 4 of the Streets and Highways Code be, and they are
hereby, dispensed with.
2
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
June 19 72, by the following vote of the
members thereof:
AYES, and in favor thereof, Councilmen: (5) Beary, Flores,
Hopkins, Smith, and Roberts
NOES., Councilmen: (0) None
ABSENT, Councilmen: (0) None
Deputy C'Ity CIPrK
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APPROVED:
Mayor