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HomeMy WebLinkAboutResolution 00-155 N.C.S. 08/07/2000 ~n . !'--1 ~Zesolution I~To. 00-155 IV.C.S. 2 of the City of Petaluma, California 3 4 ®RDERING T'HE IMPR®VEMENT'S AND C®NFITtMING 5 T'HE DIAGRAMS AND ANNUAL ASSESSMEN'T'S F®R 6 LANDSCAPE ASSESSMENT' DIST'RICT'S 7 8 9 to WHEREAS, the City Council adopted its Resolution No.00-137 NCS, Describing 11 Improvements and Directing Preparation of Engineer's Report for Fiscal Year 2000-2001 for the 12 Landscape Assessment Districts, listed in Exhibit A on file, pursuant to the Landscaping and Lighting 13 Act of 1972; and 14 15 WHEREAS, each report was duly made and filed with the City Clerk of said City, 16 whereupon said Clerk presented it to the Council for consideration; and 17 18 WHEREAS, said Council thereupon duly considered the report and each and every part 19 thereof and found it contained all the matters and things called for by the provisions of said Act and 20 said Resolution No. 00-137 NCS, including plans and specifications of the existing improvements 21 listed in Exhibit B on file, and the proposed new improvements; (2) estimate of costs; (3) diagrams of 22 the districts; and (4) assessments according to benefits, all of which were done in the form and 23 manner required by said Act; 24 25 WHEREAS, said Council found that the report and each and every part thereof was sufficient 26 in every particular and determined that it should stand as the report as amended for all subsequent 27 proceedings under said Act, whereupon said Council pursuant to the requirements of said Act, 28 appointed Monday, august 7, 2000, at the hour of 7:00 PM of said day in the regular meeting place of 29 said Council, Council Chambers, City Hall, 11 English Street, Petaluma, California, as the time and 30 place for hearing protests in relation to the levy and collection of the proposed assessments for said 31 improvements, including the maintenance, thereof, for Fiscal Year 2000-2001, and directing said 32 Council to give notice of said hearing as required by said Act. 33 34 WHEREAS, notices of said hearing were duly and regularly published and posted in the time, 35 form and manner required by said Act, as evidenced by the affidavits and certificates on file with said 36 Clerk, whereupon said hearing was duly and regularly held at the time and place stated in said notice 37 and; 38 39 WHEREAS, persons interested, objecting to said improvements, including the maintenance, 4o thereof, or to the extent of the Assessment Districts, or any zones therein, or to the proposed 41 assessments or diagrams or to the Engineer's estimates of costs thereof, filed written protests with the 42 City Clerk of said City at or before the conclusion of said hearing, and all persons interested desiring 43 to be heard were given an opportunity to be heard, and all matters and things pertaining to the levy 44 and collection of the assessments for said improvements, if any, including the maintenance, thereof, 45 were fully heard and considered by said Council; and 46 Reso. 00-155 NCS Page 1 1 2 ~E IT 1tES®I.VEI), by the City Council of the City of Petaluma, County of Sonoma, as 3 follows: 4 5 1. That the protests against said improvements, including the maintenance, thereof, or to the 6 extent of the assessment districts or any zones therein, or to the proposed assessments or 7 diagrams, or to the Engineer's estimates of costs thereof, for Fiscal Year 2000-2001 have 8 been received and considered. 9 l0 2. That the public interest, convenience and necessity require and said Council does hereby 11 order the levy and collection of assessments pursuant to said Act, for the construction or 12 installation of the improvements, including the maintenance, thereof, more particularly 13 described in said Engineer's Report and made a part hereof by reference thereto. 14 15 3. That the Landscape Maintenance Assessment Districts and the boundaries thereof 16 benefited and to be assessed for said costs for the construction or installation of the 17 improvements, including the maintenance, thereof, are situated in the City of Petaluma, 18 California, and are more particularly described by reference to maps thereof on file in the 19 office of the City Clerk of said City. Said maps indicate by a boundary line the extent of 20 the territory included in each district and of any zone thereof and the general location of 21 each district. 22 23 4. That the plans and specifications for the existing improvements and for the proposed 24 improvements to be made within the assessment districts or within any zone thereof 25 contained in said report, be, and they are hereby finally adopted and approved. 26 27 5. That the Engineer's estimates of the itemized and total costs and expenses of said 28 improvements, if any, maintenance and servicing thereof, and of the incidental expenses in 29 connection therewith, contained in the report as amended, be and it is hereby, finally 3o adopted and approved. 31 32 6. That the public interest and convenience require, and said Council does hereby order the 33 improvements to be made as described in and in accordance with said Engineer's Report, 34 reference to which is hereby made for a more particular description of said improvements. 35 36 7. That the diagram showing the exterior boundaries of the assessment districts referred to 37 and described in said Resolution No. 00-155 NCS, and also the boundaries of any zones 38 therein and the lines and dimensions of each lot of parcel of land within each district as 39 such lot or parcel of land is shown on the County Assessor's maps for the fiscal year to 4o which it applies, each of which lot or parcel of land has been given a separate number 41 upon said diagram, as contained in each report, be, and it is hereby, finally approved and 42 confirmed. 43 44 8. That the assessments of the total amount of the costs and expenses of the said 45 improvements, if any, upon the several lots or parcels of land in each District in proportion 46 to the estimated benefits to be received by such lots or parcels, respectively, from said 47 improvements, and the maintenance, thereof, and of the expenses incidental thereto, 48 contained in said report, be, and the same is hereby finally approved and confirmed. 49 Reso. 00-155 NCS Page 2 1 9. That the assessments included in said Engineer's report, as amended, for certain 2 assessment districts are to be credited by the amounts shown in Exhibit C of the 3 Engineer's Report on file with the City Clerk, for the Fiscal Year 2000-2001 assessment 4 only. 5 6 10. That said Engineer's Report, as amended, for Fiscal Year 2000-2001 and the same is 7 hereby, finally adopted and approved as a whole. 8 9 11. That the City Clerk shall forthwith file with the Auditor-Controller of Sonoma County the to said assessments, together with said diagrams thereto attached and made a part thereof, as 11 confirmed by the City Council, with the certificate of such confirmation thereto attached 12 and of the date thereof. 13 14 12. That the order for the levy and collection of assessments less one time credits for the 15 improvements and the final adoption and approval of the Engineer's Report, as amended, 16 as a whole, and of the plan and specifications, estimate of the costs and expenses, the 17 diagrams and the assessments, as contained in the Report, as herein above determined and 18 ordered, is intended to and shall refer and apply to the Report, or any portion thereof, as 19 amended, modified, revised or corrected by, or pursuant to and in accordance with any 20 resolution or order, if any, heretofore duly adopted or made by this Council. 21 22 13. That the Sonoma County Auditor-Controller and the Sonoma County Tax Collector apply 23 the Landscape Maintenance Assessment Districts assessments, listed in the Engineer's 24 Report on file with the City Clerk, to the tax roll and have the Sonoma County Tax 25 Collector collect said assessments in the manner and form as with all other such 26 assessments collected by the Sonoma County Tax Collector. 27 28 29 30 31 32 33 34 35 36 Under the power and authority conferred upon this Council by the Charter of said City. 37 REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the 38 Council of the City of Petaluma at a Regular meeting on, August 7, 2000 Approved as to 39 by the following vote: form: 40 41 42 City ttorney 43 AYES: Healy, Cader-Thompson, Hamilton, Maguire, Vice Mayor Torliatt, Mayor Thompson 44 NOES: None 45 ABSENT: Keller 46 47 ATTEST: 48 City Cle Mayor 49 50 Reso. 00-I55 NCS Page 3