The URL can be used to link to this page

Home My WebLink AboutResolutions 87-167 N.C.S. 06/15/1987'~~ • ,F ~ Resolution No. 8~-16~ NC.S. of th~e City of Petaluma, California A RESOLUTION OVERRULING PROTESTS AND ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENT CASA DEL ORO LANDSCAPING ASSESSMENT DISTRICT FISCAL YEAR 1987 - 1988 WHEREAS, on the 27th day of April, 1987, said Council adopted its f2esolution No. 87-112, Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 1987-1988 Casa Del Oro Landscaping Assessment District pursuant to the Landscaping and Lighting Act of 1972, and directed the Engineer of Work to prepare and file with the City Clerk of this City a written report called for under said Act and by said Resolution No. 87-126; WHEREAS, said report was duly made and filed with the City Clerk of said City, whereupon said Clerk presented it to the Council for its consideration; WHEREAS, 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. 87-126, 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; WHEREAS, 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, the lst day of June, 1987, at the hour of 7:30 o'clock p.m. of said day in the regular meeting place ef 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 or servieing, or both, thereof, for Fiscal Year 1987 - 1988, and directing said Council to give notice of said hearing as required by said Act; Rcs. No........B.Z.-..1.C1.7..... N.C.S. WHEREAS, 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 WHEREAS, 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 written 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; BE IT RESOLVED by the City Council of the City of Petaluma, County of Sonoma, as follows: 1. That 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 1987-1988, be, and each of them are hereby, overruled. 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 or servicing, or both, thereof, more particularly described in said Engineer's Report and made a part hereof by reference thereto. 3. That the Casa Del Oro Landscaping 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 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 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 of said district. Reso. 87-167 NCS 4. That the plans and speeifications for the existing improvements and for the proposed impr.ovements to be made within the assessment ~'istrict or within any z,one thereof contained in said report, be, and they are hereby, final'ly 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 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 d~iagram showing the exterior boundaries of the assessment district referred to and described in said Resolution No. 87-125, and also the boundaries of any zones therein and the lines and dimensions of each lot or 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. 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 received 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 finalZy approved and confirmed. 9. That said Engineer's Report for Fiscal Year 1987- 1988, 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 dia~ram thereto attached and made a part thereof, as confirmed by the City Council; with the certificate of such confirmation thereto attached and of the date thereof. Ro~^ 87-1~61 NCS ~ ~. . ° ~ 11. That the order for the levy and collection of assessment for~ the improvements and the final adoption and approval of the Engirieer'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 and 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 Landscaping Assessment District assessment to the tax ro1Z 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 this Council by the Charter of said City. ,I hereby certify -the foregoing Resolution was introduced and adopted'by the Ap o • . • Council of the City of Petaluma at a(Regglar)> (A~~~~~(F~i) meeting on the ._.._.._:_.15t:h.... day of ..••••--......•--•-••June ~_-:~ ,_.... .._.; 19:_87_, by the following vote: - ~ --•-•-•-•---•--•-•-•• •-•- City Attomey Davis, Sobel, WooTsey, Cavanagh,. Balshaw, V.M, Teneer, M. Hilligoss AYES: ~` ~~ ) ~ ~ ~~ ~~ ~ ~" '~ ~~, 1VOES: ~ ) E ) ~ ) ~ ) ~ ) ~ ) ~ ) ABSENT: ~ ~ ~ ~ , ~ ~ ~ . ( ~ . ~ ~ ,.,-° .. .- _ ~ . ~ . . { ~ ATTEST: • _- -" - ~„~-••• .,.. -•~~' -• --••• -• • .. --• •-• - - • •-• • .••-••, •••.•-•-- •-- •-• •• -•-•--• City Clerk` ~ Mayor , Gotmcil File ................:.........:......... Fo~ cA z 7isi rt~. ivo........8 7_-.1,6 7..... N C S