HomeMy WebLinkAboutResolutions 84-218 N.C.S. 09/04/1984°`
Resolution No. s4-218 N. C. S.
`4 `~ of the City of Petaluma, California
RESOLUTION CONFIRMING ASSESSMENT AND ORDERING
PROPOSED IMPROVEMENTS TO BE MADE, AND
DESIGNATING TREASURER TO COLLECT AND RECEIVE MONEY
WHEREAS, the City Council of the City of Petaluma,
State of California, heretofore by Resolution of Intention
No. g¢78 adopted. April 16, 1984, declared its intention
to order the work to be done and the improvements to be made as
described in said Reno„lu,tion of Lntention, all in ari assessment
district designated Assessment District No. 14, as shown and
designated on that certain map entitled "Proposed Boundaries,
Assessment District No. 14, City of Petaluma, County of Sonoma,
State of California;" on file in he office of the Clerk, City
of Petaluma; and
WHEREAS, said City in and by its Resolution of
Intention, adopted by the City Council. on April 16 1984,
referred all work, acquisitions and improvements with respect to
Assessment District No. 14 to DeLeuw Cather & Company as
Engineer of Work and directed said Engineer to make and file
with the Clerk of .said City a report in writing;. and
WHEREAS, said Engineer duly filed. with said Clerk his
report in writing including plans and specifications of the
proposed improvement., a general description of works, appliances
or property to be acquired, an estimate of the costs of the
improvements Arid of land, rights of way, easements and
`ncdental expenses in connection with .said improvements.,, a
diagram showing the assessment district and the boundaries and
dimensions of the subdivisions of land within the district as
they existed at the. time the Resolution of .Intention was passed,
and a proposed asse smerit of the total amount of the costs and
expenses of said proposed improvements upon the several
subdivisions of land in said assessment district in proportion
to the estimated benefits to be received by such subdivisions
Reso. 84-218 NCS ~ Page 1 of 4
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respectively, from .the improvements, all in accordance with
Sect-gns 10203 and 10204 of the Cal,forn~a ~Str-eets• and 'H:ghways
" Code; and
WHEREAS, said City Council by Resolution entitled
"Resolution Preliinnar.ily Adopting, Confirming and Approving
. Engineer's Report and; Appointing Time and Place for Hearing
Protests to Proposed. Improvements" duly ,.adopted on June l8 ,
1984, preliminarily approved said Engineer's Report and fixed
Monday, August 13 19$4, at 8::00 p.~m. at the Council
Chambers, City Hall, Post and English Streets, Petaluma,
California, as, the time and plac"e for hear',ng protests or
objections to th"e pro.p.osed acquisitions and imp-rovements, the
extent of the as'ses,sment di trict and ,to~ the proposed
assessment, and provided for notice of said hearing; and
WHEREAS, the Clerk of said Gty has ,filed with said
City Council affidavits seating forth the time and manner of the
compliance with the requir-;ements of Chapter 4, Division 12 of
the GaTiforriia Streets and Highways Code, and the requirements
of law otherwise, fo:r publhing, posting and mailing notices of
the passage of the said Resolution of Ln_tention and of the time
and place for hearing protests or objections to said proposed
acquisitions and improvements; and said City Council hereby
finds that notice of the passage of said Resolution of Intention
and of the time and place for hearing protests or objections to
said proposed acquisitions and improvements have been published,.
posted. andmaled`n the time:, form and manner required by l;aw
and
WHEREAS, said hearing was duly held by. said City
Council at said time ~a~nd place for the;: hearing of all objections
to said .pr:opo ed work Wand improvem'en`ts'; -and "
WHEREAS, protests or objections-•were not filed with
the Clerk. a.t or before the'`time~se.t~for said hearing or made at
the hearing with respect to staid work and improvements by
persons constituting owner-s of more than one-half the area of
land to be asse sed, and all protests or objections otherwise so
made were overruled;
Re_so. 84-21$ NCS Page 2 of 4
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NOW, THEREFORE, BE ,IT RESOLVED BY THE C:ITY'COUNCIL OF
THE'CITY OF PETALUMA,. COU~NT.Y OF SONOMA; STATE OF CALhFORNIA, as
follows:
1. The City Council finds and determ""fines that the
foregoing recitals are true and<correct:.
.,
2. 'The City Council' hereby confrms~the proposed
assessment and declares that sad.Report of ;s aid.Engine.er,
including the plans, specifications, description of
acquisitions, e timate 'of the .cost of the improvements and
incidental expense in connection with tYie said improvements,
assessments, boundary ma-p and diagram, is hereby finally
adopted, accepted; conf;rmed and approved. Said assessment and
diagram are he:reinaf,ter.in this Resolution and in these
proceedings called the assessment .and diagram.
3. The City Council hereby orders.the work, acquisitions
and mprovements:desc.r:i-b'ed in_ said.Reso'luton,of.rntention and
in said Report to be done. and made.; except that no work,
acquisitions or improvements which. .are to be owned; managed or
controlled by any other public agency or regulated public
utility shall be performed or made prior to the entering into an
agreement by the City of Petaluma with the public agency or
utility which has, or may have, charge of the ,works ,. appliances
or improvements, which agreement shall conform with the
requirements of Section 10110 of the California Streets and
Highways Code.
4. The City Clerk sfiall transmit,to the Director of
:Public Works of the City o,f Petaluma said diagram and as essment
and staid D;ir.ector is hereby d,reeted:to record said diagram and
assessment in his office in a substanta'1 book kept for that
purpose and, in addition, said Clsrk is t:o record forthwith a
Notice of Assessment in the Office of the County Recorder,
County of Sonoma, and upon the date of such recordation in the
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.:Director`s Office, said assessment sha-11 become due and payable,
all. pursuant to the Municipal 'Impr'ovement Ac`t Hof 1913 and the
Improvement Act of .1.911 and Division 4.5 of the California
Streets and Highways Code::
5. The Treasurer of the City of Petaluma is hereby
designated to collect~arld receive the moneg paid pursuant to the
said assessment...
Under; the power and authority` conferred' upon_ this Council by'the Charter of .said City
Thereby certify the foregoing. Resolution was introduced and adopted by the Approved as to
Council,of the City of Petaluma at a (R,egular) (Ad" )meeting form
..
on the ... 4th---...... day of ... September,- ----...._.., 1_.., by the
following vote:.. ~ •-•---•--...---••---•---•-• ................•
City- Attorney
.AYES: PERRY, BATTAGLIA, CAVANAC~I, Bow, VICE MAYQR BOND, MAYO, MATTEI
NOES:, NOTE
ABSENT:. NOiVE~ n until Seat vacant )
._.
A'T`TEST : ....... .... . ...... ..;_,-- --•- _ .:..: _ .~,,~~..---•--•
ity C erk ~ Mayor
Council File-..-..._....._.....--...._.......
Forn:cn 2 nisi ~, xo..., .84.-218„ NCS Page 4 of 4