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HomeMy WebLinkAboutResolutions 89-216 N.C.S. 07/10/1989 ~es®IUt101~1 N~.89-216 N.S. of the City of Petaluma, California A RESOLUT I Oil ORDER III ORDER I~ T!-IE I S A9dD COAlF I RF'i I RSS T{-EE D T AGRA~ AP1D ASSESSM~T !J .i L.LASE EAST I I I LAle3DS'CAff'E ASSESSP~l+BT DISTRICT FISCAL YEAR 1989-1990 fhe City Council adopted its Resolution No. 89-153, Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year- 1989-90 for Village East III Landscape Assessment District pursuant to the Landscaping and 1_i.ghting Act of 1972; l$S, said report was duly made and filed with the City Clerk of said City, whereupon said Clerk presented it to the Council for consideration; SEAS, said Council thereupon duly considered said report and ear_h and every part thereof and found that it coni;ained a:tl the matters and things called for by the provisions o~f said Act and said Resolution No. 89-153, including (1) plans and specifications of the existing improvements and the proposed new improvements; (2) estimate of costs; (3) diagram of the district; and (4) an assessment according to benefits, all of which were done in the form and manner required by said Act; ~, said Council found that said report and each and every paT-t thereof was sufficient in every particular and determined that i.t should stand as the report for all subsequent proceedings under said Act, whereupon said Council pursuant to the requirements of said Act, appointed Monday, July 10, 1.989, at the hour of 7:00 o'clock p.m. of said day in the regular meeting place of said Council, Council Chambers, City Hall., 11 English Street, Petaluma, California, as the time and place for hearing protests in relation to the levy and collection of the proposed assessments for said improvements, including the maintenance of servicing, or both, thereof, for Fiscal Year 1999-90, and directing said Council to give notir_e of said hearing as required by said Act. 89-216 Res. No . .............................. N.C.S. !dl-~REAS, it appears that notices of said hearing were duly and reg~.xlarly published and posted in the time, form and manner required by said Act, as evidenced by the affidavits and certificates on file with said Clerk, whereupon said hearing was duly and regularly held at the time and place stated in said notice and; i~EREAS, persons interested, objecting to said improvements, including the maintenance or servicing, or both, thereof, or to the extent o~f the assessment district, or any zones therein, ar to the proposed assessment or diagram or to the Engineer's estimate of costs thereof, filed written protests with the City Clerk of said City at or before the conr_lusion of said hearing, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to the levy and collection of the assessments for said improvements, including the maintenance or servicing, or both, thereof, were fully heard and considered by said Council; 1~E IT RESOLVED by the City Council of the City of Petaluma, Gounty of Sonoma, as follows: 1. That the protests against said improvements, including the maintenance or- servicing, or both, thereof, or to the extent of the assessment district or any zones therein, or to the proposed assessment or diagram, or to the Engineer's estimate of costs thereof, fear Fiscal Year 1989-90 have been received and considered. 2. That the public interest, convenience and necessity require and said Council does hereby or-der the levy and collection of assessment pursuant to said Art, for the construction ar installati.on of the improvements, incl~.~ding the maintenance or servicing, or both, thereof, more particularly described in said Engineer's Report and made a part hereof by reference thereto. 3. That the Village East TII Landscape Assessment District and the bo~.endaries thereof benefited and to be assessed for said costs far the construction or installation of the improvements, including the maintenance or servicing, or boi;h, thereof, are situated in the City of Petaluma, California, and are more particularly described by reference to a map thereof on file in the office of the City Clerk of said City. Said map indicates by a boundary line the extent of the territory included in said district and of any zone thereof and the general location of said district. 2 Reso. 89-216 N.C.S, 4. That the plans and specifications for the existing improvements and for the proposed improvements to be made withiri the assessment district or within any zone thereof contained in said report, be, and they are hereby finally adopted and approved. 5. That the Engineer's estimate of the itemized ar7d total costs and expenses of said improvements, maintenance and servicing thereof, and of the incidental expenses in connection therewith, contained in said report, be, and it is hereby, finally adopted and approved. ~, That the public interest and convenience reciuire, and said Council does hereby order the improvements to be made as described in and in accordance with said Engineer's Report, reference to which is hereby made for a more particular description of said improvements. 7. That the diagram showing the exterior boundaries of the assessment district referred to and described in said Resolution No. 6i3-322, and also the boundaries of any zones therein and the lines and dimensions of each lot of parcel of land within said district as such lot or parcel of land is shown on the County Assessor's maps for the f=iscal year to which it applies, each of which lot or parcel of land has been given a separate number upon said diagram, as contained in said report, be, and it is hereby, finally approved and confirmed. 8. That the assessment of the total amount of the casts and expenses of the said improvements upon the several lots or parcels of land in said District in proportion to the estimated benefits to be received by such 'tots or parcels, respectively, from said improvements, and the maintenance or servicing, r.-r both, thereof, and of the expenses incidental thereto, contained in said report, be, and the same is hereby finally approved and confirmed. 9. That said Engineer's Report for Fiscal Year 1969-90 be, and the same is hereby, finally adopted and approved as a whole. 10. That the City Clerk shall forthwith file with the Auditor of Sonoma County the said assessment, together with said diagram thereto attached and made a part thereof, as confirmed by the City Council, with the certificate of such confirmation thereto attached and of the date thereof. 3 Reso. 89-216 N.C.S. 11. That the order for the levy and collection of assessment for the improvements and the final adoption and approval of the Engineer's Report as a whole, and o.:f the plans and specifications, estimate of the costs ar~d expenses,,,, the diagram and the assessment, as contained in said Report, as hereinabove determined and ordered, is intended to and shall refer and apply to said Report, or any portion thereof, as amended, modified, revised or corrected by, or pursuant to an in accordance with any resolution or order, if ahy, heretofore duly adopted or made by this Council. 12. That the Sonoma County Controller acid the Sonoma County Tax Collector apply the Vil.lage.East III"Landscape Assessment District assessment to the tax roil and~have the Sonoma County Tax Collector collect said_ assessments-iri the manner-and form as with all other such assessments collected by-the.-Sonoma County Tax Collector. Under the power and. authority conferred upon. this Council by the Charter of said. City. I hereby certify the foregoing ,Resolution was introduced and adopted by the _ ,.__ o Council of the City of Petaluma at a (Regular) (Adjourned) p~sp~a~f~j meeting ~,~ on the ._..1 Q.~1?....,....._ day of --•• ...................~41~.Y..........................., 19..$1., by'the - following vote: ..-•- -• . .... .. ........................ ity Attorne - AYES: Tencer, Woolsey, Cavanagh, Balshaw, Vice Mayor Sobel, Mayor Hilligoss NOES: 0 ABSENT: Davi ,,. ATTEST : ..............:•~.1~:.... .. ---.............-........... City Clerk. U ~ E ~'' 1 I , ~i ~~1\~ Council Rile .................................... Foim CA 2 7181 - •' Resa. No...8-~.r...~.~~j..........