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HomeMy WebLinkAboutResolution 3022 N.C.S. 07/23/1962 Introduced- y o cilma� Secod y Councilman b/4Jy p �� L i % , , i _{_7a ` ems--4-1a // /, RESOLUTION NO. .i3O22 N ,C„S . , RESOLUTION AND ORDER APPROVING ENGINEER' S REPORT AND ORDERING THE CONSTRUCTION OF IMPROVEMENTS IN ASSESSMENT DISTRICT NO 6 N". S. , DENMAN-PETALUMA NORTH SEWER, CITY OF PETALUMA, SONOMM COUNTY , CALIFORNIA u WHEREAS , on the 5th day of February, 1962 , the City Council of the City of Petaluma , Sonoma County, California , adopted its ' Reso- lution of Intention, No. 2909 for the construction of improvements in Assessment District No. 6 N . S. , Denman-Petaluma North Sewer., City of Petaluma , 'Sonoma County , California ; and referred said proposed construction of improvements to WHITLOW,, HOOF FMAN .&" ALBRITTON, Engineer of Work for said assessment district; and WHEREAS , on the 18th day of June , 1962 said WHITLOW, HCF FMAN & ALBRITTON filed an Engineer' s Report , Assessment and Diagram in ac- cordance with said resolution, and said Report was presented to the City Council of the City of Petaluma for consideration; and WHEREAS , on the 18th day of June , 1962 , the City Council of the City of Petaluma preliminarily adopted said Engineer' s Report and fixed Monday., the 23rd day of July , 1962 , at the hour of 8:00 o' clock P.M. of said day, at the meeting place of the City Council of the City of Petaluma , located in the City,". Hall;, Petaluma , California , as the time and place for hearing protdSts with relation to said proposed construction of improvements ; and WHEREAS , pursuant to said Resolution hereinabove mentioned {� a Notice of Improvement was duly published in the PETALUMA ARGUS COURIER- giving notice of the time of hearing on said, Report; and WHEREAS , on the 23rd day of; July , 1962 , said hearing was held and evidence oral and written was submitted on the Engineer' s Report and Assessment, and said City Council overruled said protests and objections ; NOW, THEREFORE , BE IT RESOLVED by the City Council of the City of Petaluma, Sonoma County;. California that this City Council does hereby find, determine and order: as follows: -1- „ � I, That the district benefited by said construct-ion•; and to' be ,assessed to, pay the costs', and expenses thereof,, 'is more parti- cularly set forth and described' in the Resolution of Intention here- inabove referred to and made a part hereof by reference thereto. That all public streets, and highwaystwithin said assessment district, the same being in use in the performance of is public function as such , shall be omitted 'from, said district and from the levy and collection of the special assessments to be hereafter levied' and collected to cover the costs and expenses of said construction of improvements . 2 . The City Council hereby finds that a public hearing , for which reasonable notice has been given by publication and posting, has been held as to the construction of improvements in the above Assessment District No. 6 N. S. of the City. of Petaluma; said City Council further finds that no protests of any nature have been received relative to the public convenience and neces"sity of the aforesaid improvements ; that this City Council _finds and determines that the public convenience and necessity require the construction of improve- ments in Assessment District No. 6 N.S. of the City of Petaluma as described in and in accordance with. the Resolution of Intention and the Engineer' s Report on file with the City Clerk of the City of Petaluma , to which reference is hereby made :for a more particular description of said improvement that the Special Assessment Investi- gation., Limitation and ,Majority =Protest Act of 1931 shall not apply to these proceedings . 3. The City Council of the City of Petaluma does hereby levy and apportion upon each and every lot , piece and parcel of land within the boundaries of the assessment district the amount which said lot , piece or parcel, or subdivision of land, is benefited' by the construction of improvements±. The amount of the assessment which is levied and apportioned upon each and every lot, piece and parcel or subdivision of land within the boundaries of the assessment district is shown on the Assessment attached to and made a part of the Engin- eer' s Report adopted by this resolution.. The City Council of the City of Petaluma hereby finds and determines that each of said lots , -2- pieces, or parcels of land'within' the ,boundaries' of said 'district -is benefited in the amount and in the proportion of the total cost of the construction of improveme!nts , !plus incidental expenses , which each of said lots , pieces or pacels land has been assessed in said Engineer' s Report: i • 4. In the event the f-inalleast of-"the construction of im- provements , and the final amount of the incidental expenses , is less • than is shown in the A'ssessment 'hereby confirmed, then the balance remaining in the Improvement Fund for said bonds shall be applied • by the Treasurer of the City -of Petaluma toward the reduction of assessments in proportion to the amounts thereof , in accordance; with the provisions of Section 10427 of 'the Streets and Highways Code of the State of California The City Clerk of the City of Petaluriia. is hereby directed to file in the office of the County Recorder of the County of Sonoma a copy of the Assessment Diagram, referred to as "Assessment Diagram , Assessment District No,. 6 N. S. , City of Petaluma , California" , and is further directed. to furnish said County Recorder with a certified copy of this Resolution. BE IT FURTHER RESOLVED that all collections of assessments shall be made by the City Clerk of the City of Petaluma. I HEREBY CERTIFY that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Petaluma , Sonoma County , California , at a. 'regul'ar meeting thereof , held on the '23rd day of July., 1962, by the following vote„ to wit: AYES: Councilmen COLIN ,CRINELLA ,EL'LLS ,Gg3,TAf.S'ON ,SOLOMON ,VAN BERBER &. MAYOK MATLLN , NOES: ' Councilmen ABSENT.: Councilmen NONE . ut� > ` RYS R. .l N , City Clerk,, City lot Ydtailuma , Sonoma County, California. (SEAL) �s I '