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HomeMy WebLinkAboutResolutions 89-213 N.C.S. 07/10/1989~4: Resolution No. 8'9=2 T`3 ~. ~. S. of the City of Petaluma, California A RESOLUTION ORDER I1~4G ORDERING THE IMPROVEMENTS AAiD CONFIRMING .THE DIAGRAM AND ASSESSMENT MEADOW! PARK UAlITS NO. 1 ~ 2 CAnnexation No. 1 ) FISCAL YEAR 1989-1990 b)1#EREAS, The City Coz-ncil adopted its Resolution No. 89-133, Describing Lmprovements and Directing Preparation of Engineer's Report for Fiscal Year 1989-90 'For Meadow Park Unit Nos. 1 ~ 2 (Annexation No. 1) Landscape Assessment District pursuant to the Landscaping and Lighting Act of 1972; ddl~EREAS, said report was duly made and 'filed with the City Clerk of said City, whereupon said Clerk presented it to the Council for considerat"ion; EREAS, said Council thereupon duly considered said report and each and every part thereof and found that it contained all the matters and things calked for by the provisions of said Act and said Resolution No. 89-133, 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 farm and manner required by said Act; td~tEREAS, said Council found that said report and each and every part thereof was sufficient in every particular and determined that it shou).d stand as the report far all subsequent .proceedings under said Act, whereupon said Cgunc'il pursuant to the requirements of said Act, appointed Monday, July 10, 1989, at the hour of 7:00 o'clock p.m. of said day in the regular mieeting place of said Council, Council Chambers, City Hall, I1 English Street, Petaluma, California, as the time and place for hearing protests in relation to the levy and col'lect'ion of the proposed assessments for said improvements, including the maintenance of servir_ing, or both, thereof, for Fiscal Year-•1989-90, and directing said Council to give notice of said hearing as .required by sa:i~ Act. 1 Reso. 89-213 N.C.S. AS, i.t 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 the time and place stated in said notice and; SAS, 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 costs thereof, filed writi:en protests with the City Clerk of said 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, including the maintenance or servicing, or both, thereof, were fully heard and considered by said Council; I1° ~'t~.V~~ by the City Council of the City of Petaluma, County of Sonoma, as follows: L. 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 1989-9Q have been received and considered. 2. That the public interest, convenience and necessity require and said Council does hereby order the levy and collect,-ion 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 tFie Meadow Park Units No. 1 and 2 (Annexation No. 1) Landscape Maintenance Assessment District ar~d the boundaries thereof benefited and to be assessed for said costs for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, are situated in the City of Petaluma, California, and are mare 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 tt~e territory included in said district and of any zone thereof and the general location o-f said district. 2 Reso. 89-213 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 car 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 irr connection therewith, contained in said report, be, and it is hereby, finally adopted and approved. b. 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 i.s hereby made for a more particular description of said improvements. 7. That tfre diagram showing the exterior boundaries of the assessment district referred to and described in said Resolution No. 88-201, 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 orr the County Assessor's maps far the fiscal year to which it applies, each of which ].crt or parcel o~F land has been given a separate number upon said diagram, as r_ontained in said report, be, and it is hereby, finally approved and confirmed. Fl. 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 rE=ceived by such Lots or parcels, respectively, from said improvements, and the maintenance or servicing, or berth, thereof, and of the expenses incidental. thereto, contained in said report, be, and the same is hereby finally approved and confirmed. 4. That saki Engineer's Report for Fiscal Year 1999-90 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 o-F such confirmation thereto attachred and of the date thereof. 3 REso. 89-213 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 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 acr_ordance with any resolution or order, if any, heretofore duly adopted or made by this Council. 12. That the Sonoma County Controller and the Sonoma County Tax Collector apply the Meadow Park Units No. 1 and 2 (Annexation iVo. 1) 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 `- ~T--~ loved s to Council of the City of Petaluma at a (Regular) (Adjourned) ~~~~.~) meeting C'.~ on the ..-l0.th.--...--.... day of ......................Tuty...-........................-, 198.5._., by the ~ ..` j c, following vote: •.11.-.-- ----~ --- 1 "City At ~orney AYES: Tencer, Woolsey, Cavanagh, Balshaw, Vice Mayor Sobel, Mayor Hilligoss NOES: ~ ABSENT: Dav i ~' - ATTEST: .(~. ta~Cll~J ' City Clerk Mayor ~EPI~TY CITY CLEi~~Na.~'$~:=~2--3~~.--;-----~:~:5. CA 10-85 YaZ~eeeaa~~~,r~^7J