1964/04/20 City Council Resolution 163 - AWHJM: JS : amf : '_ -64 8C
RESOLUTION NO. : "4 3 - A
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT,
CONFIRMING THE ASSESSMENT AND ORDERING THE WORK
AND ACQUISITIONS
SANITARY SEWERAGE PROJECT NO. 196+ -1
RESOLVED, by the City Council of the City of Rohnert Park,
California, that
WHEREAS, on the 16th day of March, 1964, said Council ado_w ,, ;
its Resolution of Intention No. 151 to acquire and construct publiz
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 acquisition and con-
struction of improvements in and for said City of the kind de-
scribed in said Resolution of Intention and being a competent
person appointed by said Council for that purpose;
WHEREAS, said Council thereby directed said Engineer of
Work to make and file with the Clerk of said City a report in
writing in accordance with and pursuant to the Municipal Improve-
ment 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,
including (1) maps and descriptions of lands and easements to be
acquired, (2) plans and specifications of the proposed improve-
ments, (3) estimate of costs, (4) diagram of district, and (5)
an assessment according 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 deter-
mined that it should stand as the report for all subsequent pro-
ceedings under said Act, whereupon said Council, pursuant to the
requirements of said Act, appointed Monday, the 20th day of
April, 1964, at the hour of 8:00 o'clock P.M., of said day in the
Council Chambers, City Hall, 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 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, 6 persons interested, objecting to said
acquisitions and improvements, or to the extent of the assessment
district, 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 acquisitions and im-
provements were fully heard and considered by said Council,
, and said Council has acquired jurisdiction
to order said acquisitions and improvements and the confirmation
of said diagram and assessment to pay the costs and expenses
thereof.
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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 acquisitions 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 descriptions, or against the diagram or
assessment to pay for the costs and expenses thereof.
2. That the district benefited by said acquisitions and
improvements and to be assessed to pay the costs and expenses
thereof, and the exterior boundaries thereof are more particu-
larly described in said Resolution of Intention and made a part
hereof by reference thereto. That all public streets and high-
ways 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 here-
after levied and collected to cover the costs and expenses of
said acquisitions and improvements.
3. That the plans and specifications for the proposed im-
provements, 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 incidental 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 acquisitions and improvements.
5. That the maps and descriptions of the lands and ease-
ments to be acquired, as contained in said report, be, and the
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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 which is hereby made for a more particular description
of said acquisitions and improvements, and also for further particu-
lars pursuant to the provisions of said Municipal Improvement Act
of 1913.
7. That the diagram showing the assessment district re yr� '.
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 pass-
age of said Resolution of Intention, each of which subdivisions
having been given a separate number upon said diagram, as contain-
ed 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 incidental thereto, contained in said report, be, and
the same is hereby, finally approved and confirmed as the assess-
ment to pay the costs and expenses of said acquisitions and im-
provements.
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
Superintendent of Streets the said assessment, together with said
diagram thereto attached and made a part thereof, as confirmed by
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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 there-
to 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 record-
ing 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 description of the property
assessed sufficient to enable the owner to identify the same,
the amount of the assessment, the time and place of payment there-
of, 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 Bond Act of 1915, the last installment
of which bonds shall mature not to exceed nineteen (19) years from
the second day of July next succeeding ten (10) months from their
date.
12. That said Superintendent of Streets shall also give
notice by publishing a copy of a Notice to Pay Assessments by
three successive insertions in the Rohnert Park Press, a 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.
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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 day of
196y, by the following vote of the members thereof:
AYES, and in favor thereof, Councilmen: Foust,
Buchanan, Smith and Bell.
NOES, Councilmen:
ABSENT, Councilmen:
} ity Cleric
APPROVED:
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Mayor
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