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1972/06/05 City Council Resolution (4)WJM&L:PDA:S:zw 5/18/72 loc RESOLUTION NO. 72- 75 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 ROHNERT PARK EXPRESSWAY WEST PROJECT NO. 1972-7 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 opening of a new street to be known as Rohnert Park Expressway from South Santa Rosa Avenue at a point 800 feet, more or less, southerly of Himebaugh Creek running thence westerly 4,,200 feet, more or less, to the westerly boundary of the City of Rohnert Park as said street is shown on that certain map entitled "Right of Way for Rohnert Park Expressway through Coddingland"5dated March 16, 1971, approved by the Planning Commission of said City on April 27, 1972, and on file in the office of the City Clerk and the improvement thereof by clearing, grubbing, grading, removal of existing trees, shrubs and structures and the construction therein of base, pavement, curbs, gutters, berms, tree planting, street monuments, traffic striping, surface and subsurface storm drainage facilities, where required, sanitary sewer mains, manholes with manhole frames and covers, and water mains, valves and tees, together with appurtenances to 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 acqu-1-si- -'C,ions 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 19110 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_725 by the following vote of the members thereof: AYES, and in favor thereof, Councilmen (5) Beary, Flores, Hopkins, Smith & Roberts NOES, Councilmen: (0) None ABSENT, Councilmen: (0) None Cam-- -- Ddputy y er APPROVED: Mayor