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HomeMy WebLinkAboutResolutions 89-212 N.C.S. 07/10/1989e c, .e. -r. ~esolutio~ ~o. 89-212 N. C. ~. of ~ the City of Petaluma, California A RESOLUTaow oRDERIiVG ®R~Ri~~- i~a~R®d~~EraTS ~~ rRr~a~ fii#E :D I A6RAe9 AIdD ASS~~sSt9ENl' CASH t1lEl. , oR0 ANI~XATIi~I PlO. 3 SYGA!'90RE 0#E IC~TS l.AtdDSGAPE ASSESSMENT D I S7(R Y C7 ~I SCAI.. YEAR 1989-1990 0~1tEREAS, The City Council adopted its Resolution No. 89-131, Describing Improvements and Directing Preparation of Engineer's Report for-Fiscal .Year 1989-90 for Casa deI Oro Annexation No. 3, Sycamore Heights Landscape Assessment District pursuant to the Landscaping and Lighting Act of 1972; AS, said report was duly made and filed with the City Clerk of said .City, whereupon said Clerk presented it to the Council. for consideration; W9-~REAS, said .Council thereupon duly i~onsidered said report and each and- every part thereof and found that it contained al.l the matters and. things called for by the provis;ions.of said Act and said Resolution No. B9-131, including <1) plans a:nd speci.ficatio;ns o~f 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 theform and manner required by said Act; . AS, 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 Ac~t,,whereupon said Council pursuant to the requirements of said Act, appointed Monday, July 1~0, 1989, at the hour of 7c40 o'clock p.m. of maid 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 mainterianee of servicing, or both, thereof, for Fiscal Year 1984-90, and directing said Council to give notice of said hearing as required by said Act. 1 Reso. 89-212 N.C.S. 6d~REAS, 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, whereelpon said hearing was duly and regularly held at the time and place stated in said notice and; idF~R~AS, persons interested, objecting to said improvements, including the maintenance or servicing, or bo or, thereof, or to the extent of 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 conclusion of said hearing, and all persons interested desiring 1:o 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 Councils ~~ ~~~1~~ by the City Council of the City of Petaluma, County 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 tl-~e proposed assessment or diagram, or to the F_ngineer's estimate of costs thereof, for Fiscal Year 1969-90 have been received and considered. 2. That the public interest, convenience and necessity require and said Council does hereby order the levy and collection of asse~~sment pursuant to said Act, for the canstruction 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 herecaf by reference thereto . 3. That the Casa del Oro Annexation No. 3, Sycamore Heights 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 servicing, or both, thereof, are situated in the City o~f 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 o~f said district. 2 Reso. 89-212 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 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, final.l.y 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 and iri accordance with said Engineer's Report, reference to which is hereby made f'or a more particular desr_ription of said improvements. 7. That the diagram showing the exterior boundaries of the assessment district referred to and described in said Resolution No. 88-194, and also the boundaries of any zones therein and the lines and dimensions of each lot of parcel of land within said district as sur_h 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 ham been given a separate number upon said diagram, as r_ontai.ned in said report, be, and it is hereby, finally approved and confirmed. S. That the assessment of the total amount o~f the costs and expenses of the said improvements upon the several lots or par-cels o~f land i.n said District in proportion to the estimated benefits i;o be received by sur_h 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 Fisr_al Year 19e~7-90 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 gonoma County the said assessment, together with said da.agram thereto attached and made a part thereof, as confirmed by the Gity Council, with the certificate of sur_h confirmation thereto attached and of the date thereof. 3 Reso. 89-212 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 accordance with any resolution or order, if any, heretofore daily adopted or made by this Council. 12. That the Sonoma County Controller and the Sonoma County Tax Co13.ector apply the Casa del Oro Annexation No. 3, Sycamore Heights 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..::- ~-~-° A as to Council of the City of Petaluma at a (Regular) (Adjourned)x(iQiid) meeting f`"~~' f on the ..lOth ............. day of ....................,717.1.y-...-........................., 1~.~..-., by the .. ._- _.. following vote: ~ . .......... ..• - ---•- - • -•--......- ~ Ci y'Atto ey AYES: Tencer, Woolsey, Cavanagh, Balshaw, Vice Mayor Sobel, Mayor Hilligoss NOES: ~ ABSENT: Davi ,- - ~ .- ATTEST: .-•-•-- --.. . - --..... ... .......................................... City Clerl: Mayor • ............................... .... ~~pu~rr eorr,~r_~~~~~~~F~i CA 10-85 ~ Res. No...........2'.._ ............. N.C:S.