HomeMy WebLinkAboutResolution 2010-158B N.C.S. 08/02/2010Resolution No: 2010-158B N.C.S.
of the City of Petaluma, California
ORI)ERING '1'HE IIVIPROVEIVIENTS AND CON~IR1VgING 'I'HE
DIAGRAIVIS ANI) ANNiJAL ASSESSMENTS FOR LANDSCAI'E ASSESSMENT
I)IS'TRICTS FISCAL ~'EAR 2010-2011
WIIEREAS, on June 21, 2010, the City Council adopted Resolutions No. 2010-117A
N.C_S. and 2010-117B N.C.S., Describing Improvements and Directing Preparation of
Engineer's Report for Fiscal Year 2010-2011 for the Landscape Assessment Districts, listed in
Exhibit A to this resolution and Exhibit A of the Engineers Report on file, pursuant to the
Landscaping and Lighting Act of 1972; and,
WHEREAS, on June 21, 2010, the City Council adopted Resolutions No. 2010-118A
N.C.S. and 2010-118B N.C.S., Preliminary Ap~roval of Engineer's Report for Landscape
Assessment Districts, Fiscal Year 2010-2011; 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 (1) 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,
WHEIZEAS, 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, as amended, for
all subsequent proceedings under said Act, whereupon said Council, pursuant to the requirements
of said Act, appointed Monday, August 2, 2010, at the hour of 7:00 PM of said day in the regular
meeting place of 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, thereof, for Fiscal Year
2~10-2011, and directing said Council to give notice of said heaxing as required by said Act; and,
W~IEREAS, 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
Resolution No. 2010-158B N.C.S. Page 1
proposed assessments or diagrams or to the Engineer's estimates of costs thereof, filed written
protesl:s 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 assessments for said
improvements, if any, including the maintenance, thereof, were fully heard and considered by
said C~uncil.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Petaluma, County of Sonoma, 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 2010-2011 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 teri-itory
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,
Resolution No. 2010-158B N.C.S. Page 2
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, 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 Approved as to
Council of the City of Petaluma at a Regular meeting on the 2nd day of August, r:
2010, by the following vote:
Assistant City Attorney
AYES: Barrett, Vice Mayor Glass, Healy, Rabbitt, Renee; Mayor Torliatt
NOES: None
~_,,......,
ABSEIYT: Harris , ~ ~%~' ~
ABSTAIN: None / M ~:~;' 1 _ .
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ATTEST: ` ~~~!~L~•. ~~~i'~C~~ ~
City Clerk Mayor ~;
Resolution No. 2010-158B N.C.S. Page 3
EXHIBIT f~l TO
RESOLUTION 2OlO-1S8B N.C.S.
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Americana Riverview
Anna's Meadows Shelter Hills
Cader Farms Southgate
Cader Highlands Spring Meadows
Casa de Oro St. James
Corona Creek II Stoneridge
Country Club Estates Stratford Village
Crane Glen Sycamore Heights
Cross Creek 1& II Tatum
Fairway Meadows Turnbridge
Glenbrook Twin Creeks
Judith Court Village East
Landsdown Village Meadows
Liberty Farms Washington Creek
Magnolia Terrace Westridge Knolls
McNear Landing Westview Estates
Meadow Park Willow Glen
Mountain Valley Woodside Village
Park Place 5
Resolution No. 2010-158B N.C.S. Page 4