HomeMy WebLinkAboutResolution 2013-112B N.C.S. 7/15/2013 Resolution No. 2013-112B N.C.S.
of the City of Petaluma, California
ORDERING THE IMPROVEMENTS AND CONFIRMING
THE DIAGRAMS AND ANNUAL ASSESSMENTS
FOR LANDSCAPE ASSESSMENT
DISTRICTS FISCAL YEAR 2013-2014
WHEREAS, on July 1, 2013, the City Council adopted Resolutions No. 2013-103
N.C.S, 2013-104 N.C.S. and 2013-105 N.C.S. , Describing Improvements and Directing
Preparation of Engineer's Report for Fiscal Year 2013-2014 for the Landscape Assessment
Districts, listed in Exhibit A to this Resolution and in Exhibit A of the Engineers Report on file,
pursuant to the Landscaping and Lighting Act of 1972; and,
WHEREAS, on July 1, 2013, the City Council adopted Resolutions 2013-103 N.C.S,
2013-104 N.C.S., and 2013-105 N.C.S., Preliminary Approval of Engineer's Report for
Landscape Assessment Districts, Fiscal Year 2013-2014; and,
WHEREAS, the report was duly made and filed with the City Clerk of the City of
Petaluma, whereupon said Clerk presented it to the Council for consideration; and.
WHEREAS, said Council thereupon duly considered the 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 Resolutions, including plans and specifications of the existing improvements listed
in Exhibit B of the Engineers Report on file, and (I) the proposed new improvements; (2)
estimate of costs; (3) diagrams of the districts; and (4) assessments according to benefits, all of
which were done in the form and manner required by said Act; and,
WHEREAS, said Council found that the 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 15,2013, at the hour of 7:00 PM in the 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, thereof, for Fiscal Year 2013-2014, and directed City staff to give notice of said
hearing as required by said Act; and,
WHEREAS, 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,
WHEREAS, persons interested, objecting to said improvements, including the
maintenance, thereof, or to the extent of the assessment districts, or any zones therein, or to the
proposed assessments or diagrams or to the Engineer's estimates of costs thereof, had the
opportunity to file written protests with the City Clerk of the City of Petaluma 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
Resolution No. 2013-1128 N.C.S. Page 1
assessments for said improvements, if any, including the maintenance, thereof, were fully heard
and considered by said Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
as follows:
1. That the protests against said improvements, including the maintenance, thereof, or to
the extent of the assessment districts or any zones therein, or to the proposed
assessments or diagrams, or to the Engineer's estimates of costs thereof, for Fiscal
Year 2013-2014, 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 assessments pursuant to said Act, for the
construction or installation of the improvements, including the maintenance, thereof,
more particularly described in said Engineer's Report, and made a part hereof by
reference thereto.
3. That the Landscape Maintenance Assessment Districts and the boundaries thereof
benefited and to be assessed for said costs for the construction or installation of the
improvements, including the maintenance, thereof, are situated in the City of
Petaluma, California, and are more particularly described by reference to maps
thereof on file in the office of the City Clerk of said City. Said maps indicate by a
boundary line the extent of the territory included in each district and of any zone
thereof and the general location of each district.
4. That the plans and specifications for the existing improvements and for the proposed
improvements to be made within the assessment districts or within any zone thereof
contained in said report be, and they are hereby finally adopted and approved.
5. That the Engineer's estimates of the itemized and total costs and expenses of said
improvements, if any, maintenance and servicing thereof, and of the incidental
expenses in connection therewith, contained in the report as amended, be, and they
are 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, 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 assessment districts referred
to and described in said Resolutions, and also the boundaries of any zones therein,
and the lines and dimensions of each lot of parcel of land within each 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 each report, be, and they are hereby finally
approved and confirmed.
8. That the assessments of the total amount of the costs and expenses of the said
improvements, if any, upon the several lots or parcels of land in each District in
proportion to the estimated benefits to be received by such lots or parcels, respectively,
Resolution No.2013-1128 N.C.S. Page 2
from said improvements, and the maintenance, thereof, and of the expenses incidental
thereto, contained in said report be, and the same are hereby finally approved and
confirmed.
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 Approve at to
Council of the City of Petaluma at a Regular meeting on the 151h day of July,2013, for
by the following vote:
City Attor,.-y
AYES: Vice Mayor Albertson. Barrett, Mayor Glass. Harris, Healy. Miller
NOES: None
ABSENT: None
ABSTAIN: Kearney
ATTEST: (1i ` O ®w t
/! ,
City Clerk 111 Mayor
Resolution No. 2013-I 12B N.C.S. Page 3
EXHIBIT A TO
RESOLUTION 2013-112B N.C.S.
LAD?# LAD„Name
5 Spring Meadows
Resolution No. 2013-I I2B N.C.S. Page 4