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HomeMy WebLinkAboutResolution 2018-123B N.C.S. 07/16/2018Resolution No. 2018-123B N.C.S. of the City of Petaluma, California RESOLUTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAMS AND ANNUAL ASSESSMENTS FOR LANDSCAPE ASSESSMENT DISTRICTS FISCAL YEAR 2018-2019 WHEREAS, on July 2, 2018, the City Council adopted Resolutions 2018-114A N.C.S. — 2018-114C N.C.S. Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 18/19 for the Landscape Assessment Districts, listed in Exhibit A to this resolution and in Exhibits A and B of the Engineer's Report on file, pursuant to the Landscaping and Lighting Act of 1972 (LLA); and WHEREAS, on July 2, 2018, the City Council adopted Resolutions 2018-115A N.C.S. — 2018-115C N.C.S. Approving the Engineer's Report for Landscape Assessment Districts, Fiscal Year 2018/2019; and WHEREAS, on July 2, 2018, the City Council adopted Resolutions 2018-116A — 2018- 116C N.C.S. setting a Public Hearing on July 16, 2018 to order the levy and collection of assessments pursuant to LLA for FY 18/19; and WHEREAS, the report was duly made and filed with the City Cleric of the City of Petaluma, whereupon said Cleric presented it to the Council for consideration; and WHEREAS, 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 Exhibits A and B of the Engineer's 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 WHEREAS, 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, for all subsequent proceedings under said Act, whereupon said Council, pursuant to the requirements of said Act, appointed Monday, July 16, 2018, at the hour of 6:45 PM in the 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 2018-2019, and directed City staff to give notice of said hearing as required by said Act; and WHEREAS, 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 Resolution No. 2018-123B N.C.S. Page 1 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 proposed assessments or diagrams or to the Engineer's estimates of costs thereof, had the opportunity to file written protests 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 Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma 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 2018-2019, have been received and considered. 2. That the public interest, convenience and necessity require, and 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 territory 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. Resolution No, 2018-123B N.C.S. Page 2 6. That the public interest and convenience require, and 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 snaps 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, 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 ". App)lbNed as to Council of the City of Petaluma at a Regular meeting on the 1611 day of July 2018, by the following vote: ;Y AYES: Albertson, Barrett, Mayor Glass, Vice Mayor Healy, Kearney, King NOES: None ABSENT: None ABSTAIN ATTEST: City Resolution No. 2018-123B N.C.S. Page 3 EXHIBIT A TO RIJSOLUTION 2018-123B N.C.S. Resolution No. 2018-123B N.C.S. Page 4