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HomeMy WebLinkAboutResolutions 89-214 N.C.S. 07/10/1989Resolution No. s9-214 N.C.S. of the City of Petaluma, California A RESOLUT I OId oRflER I be ` ORBER I1~, THE I MPROVEP1EIdTS PP4dD CONF I RPI I ~ THE DI~P9 AR!® ~IdT ~H~.T ~ILL~ QI~LL~E L ~E ~T ®i~TRICT FISCAL YEAR 199-199A {dHEREAS, The City Co~lncil adopted its Resolution No. 89-154, Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 1989-90 for Shelter Hills Village Landscape Assessment District pursuant to the Landscaping and Lighting Act of 1972; k##ER said report was duly made and filed with the City Clerk of said City, whereupon said Clerk presented it to the Council. for consideration; bdHEREAR, 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. 89-154, 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; E¢~, said Council found that said report and each and every part thereof was sufficient in 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, 1984, 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 1989-90, and directing said Council to give notice of said hearing as required by said Act. iii.,. N~........$.9.- 2.1.4.... n.c.s. ddH1`.5-, it appears that notices of said hearing were duly and regularly 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 i;he time and place stated in said notice and; ~i~~, 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 t;o the proposed assessment or diagram or to the Engineer's estimate of costs thereof, filed written protests with the City Clerk of sand City at or before the conclusion 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, ircluding the maintenance or servicing, or both, thereof, were fully f-aeard and consi.derecl by said Council; IT ~.~D by the City Council of the City of Petalama, County of Sonoma, as follows: 1. That the protests against said improvements, incla_iding 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, far Fiscal Year 1989-90 have been received and considered. 2. l'hat the public iraterest, convenience and necessity require and said Council does hereby order the levy and collection of assessment pursuanl: to said Act, for the construction ar installation of the improvements, including the maintenance or- servicing, or both, thereof, more particularly described in said Engi.neer's Report and made a part hereof by reference thereto. 3. That the Shelter Hills Village Landscape Assessment District and 'the bo~dndaries thereof benefited and to be assessed for said costs for the r_onstruc'tion or installation of the improvements, including the maintenance ar servicing, ar both, thereof, are situated in the City of Petaluma, Cal.i:fornia, 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 inclilded in said district and of any zone thereof and the general location of said district. 2 Reso. 89-214 N.CS.. 4. That the plans and specifications for the existing improvements and for the proposed improvements to be made within the a~~sessment 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 and 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. 6. That the public interest and convenience require, and said Council does hereby order the improvements to be made as described in :end in accordance with said Engineer's Report, reference to which is 1lereby made for a more particular description of said improvertients. 7. That the diagram showing the exterior boundaries of the assessment district referred to and described in said Resolution No. B8-237, and also the boundaries of any zones therein and the .lines and dimensicins 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 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. E3_ 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 inc5.dental 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. 1(J. That the City Clerk shall forthwith file with the Auditor of 6onoma 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 therei:o attached and of the dai:e thereof . 3 Reso. 89-214 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 of the plans and specifications, estimate of the casts 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 Caunty Controller and the Sonoma County Tax Collector apply the Shelter Hills Village Landscape Assessment District assessment to the tax roll and have the Sonoma Caunty 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 ~ Council of the City of Petaluma at a (Regular) (Adjourned) ~(S~aci~t) meeting on the ....lIlth..-._....... day of .....................Jul..y...-.................-.....-., 1989.-., liy the following vote: .--------• AYES: Tencer, Woolsey, Cavanagh, Balshaw, Vice Mayor Sobel, Mayor Hilli~___ NOES: ~ ABSENT: Dav' ATTEST: -•----. ... .. ................. .. ........--- Cit Clerk ~ EP JTY C17'`f ERIC CA 10-85 Mayor Council File .................................... Res. No: .. 8.9 .~.~:4......... N.C.S.