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HomeMy WebLinkAboutResolutions 89-210 N.C.S. 07/10/1989T' FZesolution No. 89-Z10 N.C.S. of the City of Petaluma, California A RES®LUT I Oid DER I NdG QR~ER IN8 TIC It4PF20VEfR~iJTS ANn CoNF I Rir9ING Thy DYA~2AM AND ASSESSP~EENT CA~1 I?~L. ~'t0 4ANDSCAP I N6 ASSES~NT ®I STR ICT FISCAL. YEAR 19e9-1990 AREAS, The City Council adopted its Resolution No. 89-129, Describing Improvements and Directing Preparation of F_ngineer's Report for Fiscal Year 1989-90 for Casa del Oro Landscaping Assessment District pursilan~t to the Landscaping and Lighting Act of 1972; bd , said report was duly made and filed with the City Clerk of said City, whereupon said Clerk presented it to the Council for consideration; SAS, said Council thereupon duly considered said report and each and every part thereof and found that it contained al.l the matters and things called 'for by the provisions of said Act and said Resolution No. 89-129, 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 benef5_ts, all of which were done in the form and manner required by said Act; ~, said Council found that said report and each and every part thereof was sufficient in every partir_ular 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, 1989, at the hour of 7:00 o'clock p.m. of said day in the regular meeting place of said Council, Counr_il 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 1984-90, and directing said Council to give notice of said hearing as required by said Act, Rcs. No.....89-210....... N.C.S. SAS, 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 the time and place stated in said notice and; idE-lEREAS, 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 ar diagram or to the Engineer's estimate of costs thereof, filed written protests with the City Clerk o-f said City at or before the conclusion of said hearing, ar~d 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 ofi the assessments for said improvements, including the maintenance or servicing, or both, thereof, were fully heard and considered by said Council; ~ Ig F2E5DLVED by the City Council of the City of Petaluma, County of Sonoma, as follows: 1. That the protests against said improvements, including the rnaintertance or servicing, or both, thereof, ar 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 1989-90 have been received and considered, 2. That the public interest, convenience and necessity require and said Council does hereby order the levy and coll.ecti.an 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 C;asa del Oro Landscaping Assessment Distri.c~t and i;he boundaries thereof benefited and to be assessed for said costs fior 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 more particularly described by reference to a map thereof on file in the office of the City Clerk of said Gity. 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. 89-210 N.C.S. #. 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 i.n 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 thereaf, 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 r_onvenience 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 o~F the assessment district referred to and described in said Resolution No. 88-197, and also the boundaries of any zones therein and the lines and dimensions of each lot of parcel of land within said etistriet as sur_h lot ar 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 rer_eived 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 Coi_irrcil, with the certificate of such confirmation thereto attached and o-f the date thereof. 3 Reso. 89-210 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 duly adopted or made by this Council. 12. That the Sonoma County Controller and the Sonoma County Tax Collector apply the Casa del Oro Landscape 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,,tlte"""` ~ as to y ( gul ) ( 7 ) ~$~ meetin Council of the Cit of Petaluma at a Re ar Ad'ourned f g on the ....10th .-•--...... day of ..................... Ju 1-X..-.-.......---............., 19 $ 9.., by the ' following vote: ~- •--- -• • ... ..................... 1 ; G~ity A orney AYES: Tencer, Woolsey, Cavanagh., Balshaw, Vice Mayor Sobel, Mayor Hilligoss NOES: ~ ABSENT: Dav' ATTES'T': .........- . ...- •-- • .. ..... ...........................•-•--•---........ •---~ City Cle May '~~PUT~ SIT ~Ef~~~,buncilFile-• ...........................°•--.. CA 10-85 ~ Res. No.....8 9' 2 1 ~....... N.G.S.