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HomeMy WebLinkAboutResolutions 89-215 N.C.S. 07/10/1989'. ^~ ~. ReSOIIZ$I®~ Nom. 89-215 N. ~. ~. of the City of Petaluma, California A RESOL.UTrON, ORDERItd6 ORDERING Ti~E IMPROVEMENTS AND CONFIRMING `DYAGRAM AND ASSESSMENT S t 1~iG MEADOblS UNIT NO. 5 IRIdDSC~F'E ASSESSMENT DISTRICT ~tSC~ YEAR a~e9-,moo AS, The City Council adopted its Resolution No. H9-134, Describing 'L'mprovements and Directing Preparation of Engineer's Report for Fiscal Year 1994-:90 for Spring Meadows Unit No. 5 Landscape Assessment District pursuant to the Landscaping and Lighting Act of 19?2; said report was. duly made and filed with the City Clerk of said City, whereupon said Clerk presented it to the Council for consideration; N~iEREAS, 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 and said Resolution No. 89-134, 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) 3n assessment according to benefits, all of which were done in the~form and manner required by said Act; (~dMERE1~S, said Council found that said report and each and every part thereof was suff'i~cient i.n 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, July 10, 1.999, at the hour of ?:00 o'clock p_m. of said day in.the regular mEeti..ng 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 "1'.989-90, and directing said Council to give notice of said hearing as required by said Act. 1 Reso. 89-215 N.C.S. R BIAS, it appears that notices of said hearing were duly and regularly published and posted in the time, forrn 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; b~~, persons interested, objecting to 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 casts thereof, filed written protests with the City Clerk of said City at or before the conclusion of said hearing, and alt 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 bath, thereof, were fully heard and considered by said Council; ~fi' ~~~~~~ by the City Council of the City of Petaluma, County of Sonoma, as follows: i. 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, for- Fiscal Year 1959-9C+ have been received and considered. c?. That the public interest, convenience and necessity require and said Council does hereby order the levy and collection of assessment pursuant to said Act, for the construction or installation of the improvements, including 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 Spring Meadows Unit No. S Landscape Maintenance Assessment District and the boundaries thereof benefited and to be assessed for said costs for the construction or installation of the improvements, including the maintenance or servic~i.ng, or both, 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 lime ttre extent of the terrii;ory included in said district and of any zone thereof and the general location of said district. 2 Reso. 89-215 N.C.S. 4. That the plans and specifications for the existing improvements and for the proposed improvements to be made within the assessment district or within any zone thereof contained in said report, be, and they are hereby finally adopted and approved. 5. That the Engi.neer's estimate of the itemized and total costs and. expenses taf 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. S. That the public interest and convenience require, 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 a~asessment district referred to and described in said Resolution No. $8-202, and also the boundaries of any zones therein and the tines and dimensions of each lot of parcel of land within said district as such lat or parcel of land is shown on the County Assessor's maps for the fiscal 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 costs 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 lots or parcels, respectively, from said improvements, and the maintenance or servicing, or 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 1989-90 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. 89-215 N.C.S. li. That the order for the levy and collection of assessment far the improvements and the final adoption and approval of the Engineer's Report as a whole, ar~d of the. plans and specifications, estimate of the costs and 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 any, heretofore duly adopted or made by this Council. 12. That the Sonoma County Controller and the Sonoma L'ounty Tax Collector apply the Spring Meadows Unit No. 5 Landscape Maintenance Assessment District assessment to the tax roll and have the Sonoma County Tax Collector collect said assessments in 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. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the-.-'' o Council of the City of Petaluma at a (Regular) (Adjourned) fag) meetifig on the ..-1.Q.tk1............ day of ......................Iul~r.......---...---............., 195.1..., by the ~ ,- following vote: ....-•----- --- •-- -- -------- ---••----• pity Attorne AYES: Tencer, Woolsey, Cavanagh, Balshaw, Vice Mayor Sobel, Mayor Hilligoss NC+ES: ~ ABSENT: Davis ATTEST : ................ ...... ...... .. ...-......................... City Clerk 1 ~ o~ u~Kll~f~c~S. ~/ /~y }~ Council File .............................. CA 10-85 Q~©u~ 1 ~'I~ \r~L~l~~ Res. No. H9' 215.._:....._. N.C.S.