HomeMy WebLinkAboutResolution 4455 N.C.S. 02/21/1966 ,
IVTRODUGED BY COUNGMAti SECONDE3. BY COUNCyILMAN'
RESOLUTION NO 4455 N,.C;.S . •
RESOLUTION AN.0 ORDER APPROVING AMENDED ENGINEER' S
REPORT , ORDERING' THE CONSTRUCTION OF IMPROVEMENTS
AND THE' ACQUISI:TION OF PROPLRTIES AND CONFIRMING
ASSESSMENT , ASS°LSSgENT DISTRICT NO 9 N . S . , CITY
OF PETALUMA, SONOiMA COUNTY, STATE OF CALIFORNIA
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WHEREAS , on the 1st, day of February , 1965 , the City Council
of the City of Pet'aluma., Sdnoma County , California , adopted its
Resolution of Intention N'o. 4203 N. G,.,S, for the improvements and
acquisitions to be• m'a'de in Assessment District No. 9 N . S . , City
of Petaluma , County ;of Sonoma , State of California , and said City
Council referred said' proposed improvements and acquisitions to
WHITLOW, HOFFMAN v ALBRITTON , Engineer Of Work for said assessment
district.; and
WHEREAS , said Resoiiution of Intention No . 4203 N„.C .S . was
amended by Resolution No, 4370 N. C . S. . adopted by said City Council
on the 4th day of October , 1.965 , in the matter of the description
of the work to be -done ; and
WHEREAS , on the 3td day of January , 1966 , the said Engineer
of Work for said assessment: district , WHITLOW, HOFFMAN & AL3RITTON ,
filed an Engineer ' s Reports , Assessment and ,Assessment Diagram in
accordance with said RoSut 'o.n of Intention , as amended , and
said Engineer ' s Report was presented to the City Council of the
City of Petaluma for consideration;; and
WHEREAS , on the 3rd day of January., 1:1166 , the City Council
of the City of Petaluma preliminarily adopted said Engineer ' s
Report and fixed Monday , the 7th day of February , 19'66 , at the hour
of 5 : 00 o ' clock P .;M.. M said day , at the meeting place of the. City
Council of tire. City Of Petaluma , located in the City Hall , .Pe.taluma ,
California , -as the time and place for hearing protests with rela-
tion to said proposed improvements and -acquisitions' ; and
WHEREAS, On the 3rdlday of January, 1966, said City Council
adopted Resolut.i;on No, 44t7 N,,,C .'S. , being a resolution of -intention
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to amend' Resolut`iron- Of Intehtion .\o.. 420;3 N . G.S;: in the matter of
the bonds to ;be issued; the team of the .bonds and the 'dispoSi't.ion
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of any surplus -funds;, and. !set a time and place for public hearing
thereon, said hearing, to be held on. then 7th day of February ,. 1966 ;
and •
WHEREAS , pursuant to said resolution leetoinanove mentioned
a Notice of Improvement was duly published, posted and mailed ,
giving notice of the, tiEnie and place of heating on said Engineer ' s
Report and, proposed amendments to the Resolution of Intention ;
and
WHEREAS , said 'h'earinig was held on. the 7th day of February',
1966 and continued to February 17 , 1966 ;, and •
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WHEREAS , the Continua't'ion of .said h;earin.g was held on the
17th day of February, 1966;,;, and further tenSideration of said pro-
tests was continued to 'he .21`st day of February , 1966 ; and
WHEREAS , all protests 'against said improvements and acquisi -
tions , or said proceedings., and the proposed amendments thereto ,
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having been duly hear ' and considered , and �
WHEREAS , on the 21St- day of February , 1966 , said City Council
amended Resolution of Intlntioin No . 42:0 N .0 ;S . in the matter ' Of
the bonds to be issued„ the term of said bonds and the disposition
of any surplus fund's ;, and
WHEREAS , the City Council of the City ef ,Petaluma has directed
the filing of an Amended Engineer ' s Report. 'to Conform to low bid
received and also to conform to certain changes in said Resolution
of Intention adopted 'by said City Council on the 21st day of
February , 1966 ;
.NO.W, THEREFORE , "BE IT 'RESOLVED by the City Council of the
City of Petaluma that, this City Council eaes hereby find , determine
and order as foll'ows;:
.That the district benefited by said improvements and
acquisitions , and to be assessed to pay the. and expenses
the:reof., is more particularly descriibed. in the Resolution of
Intention„ as amended , hereinab,o,ve, referred to and made a part
hereof by reference thereto : That all public streets and high-
ways, t , thi',n s'ai,d assessment district, the same being in use in
time ' e feemance of a public function as such, shall be omitted from
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said district and froth th,e levy and colaect=ion, of the spot al
as5essmerits tb le 'hterea'fhr levied and Collected; t,o covet the
costs and expenses of said improvements and acq;uisi•ti'ons .
2 . That the n.ubli'd convenience' and interest requite , and
said City Council hereby, orders. ; the improvements and acquisitions
to be made as described, ili , and in accb,rdp ce with , said Resolution
of Intention , as amended; and the Amended 'Engineer ' s Report on
file with the City ClenkHof the City of' Petaluma , reference to both
of which is hereby made for a more particular description of said
improvements and acq•iiisi.t''ions , and al's'o reference is hereby made
to the provisions of thef,i\ nicipal Impro.Vement Act of 1913, as-
amended .
3 . The City Counc,i-1 of the City of Petaluma does hereby levy
and apportion upon each and every lot , piece and parcel of land
within the: boundari-es of, ftho assessment, district the amount by which
each of said lots , pieces or .narcels of land is benefited by the
improvements and acq.,uisitiehs . The amountef the assessment which
is levied and apportioned upon each and every lot , piece and parcel
of land within the boundaries of the assessment district is as shown
on the assessment attached to add made .a part of the Amended En-
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ginees ' s Report adopted by this Resolution. The City Council
of the City of Petaluma hereby finds and idefetmines that each of
said louts , 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) improvemcnts and acquisitions , plus inti -
dental expenses , which each of said lots , pieces or parcels of land
has been assessed in said Amended Engineer ' s Report .
4 . Collections oft assessments shalt be. made by the City
Treasurer of the City ofjPetaluma..
S. ?'f any excess 'shall be reali:zcd from. the proceeds of
assess,meiits levied and/or bonds issued to represent the same , said
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surplus shall be used fojr the maiatenanee of the improvement in an
amount not e: cceding ;; 10, 000 . 00 , and the b'al•ance of said surplus ,
if any , shall be applied as a credit t'o each assessment levied
pursuant to the provisions of the Muniei.pal Improvement Act of
1913 in proportion to the amount of each of said assessments .
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UERE1)Y CERTIFY that thc foregbing Rosolption was duly.
and regularly adepted by te City Coturldil of the City of Petaluma ,
SPnoma County, Califo,rnia ; at a regular meeting the-reof , held on
t'lle. 21st day of FebTuary-, 1966 , by the following vote , to wit :
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AYES : Councilmen CAVANAGH , JR. , COLIN, GANS , LIPMAN AND MAYOR PUTNAJ
NOES : Councilmor.. NONE.
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ABSENT: Co.unci'lman BRAINERD.
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ABSTAIN : COUNCILMAN JOERGER. i •
(9/1-Nr17Y— GW.ST177-ity Crerk ,
City et Petaluma , •Sonoma
7) I - 6unty , California . CSEAL)
irell _ 1 i A 244 a41.4.--
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