HomeMy WebLinkAboutResolution 98-150A 07/20/1998 Resolution No. ss-lsoa N.C.S.
of the Ciry of Petaluma, California
1 A RESOLUTION ORDERING
2 THE IMPROVEMENTS AND CONFIIiMING
3 THE DIAGRAMS AND ANNUAL ASSESSMENTS
4 FOR
5 LANDSCAPE ASSESSMENT DISTRICTS
6
7 FISCAL YEAR 1998-99
8
9
10 WHEREAS, the City Council adopted its Resolution No. 98-.114, Describing Improvements and
11 Directing Preparation of Engineer's Report for FISCAL YEAR 1998-99 for the Landscape Assessment
12 Districts, listed in Exhibit A on file, pursuant to the Landscaping and Lighting. Act of 1972;
13
14 WHEREAS, each report was duly made and filed with the City Clerk of said City, whereupon
15 said Clerk presented it to the Council for consideration;
16
17 WHEREAS, said Council thereupon duly considered the report and each and every part thereof
18 and found that it contained all the matters and things called for by the provisions of said Act and said
19 Resolution No. 98-115 NCS, including plans and specifications of the existing improvements listed in
20 Exhibit B on file, and the proposed new improvements; (2) estimate of costs; (3) diagrams of the districts;
21 and (4) assessments according to benefits, all of which were done in the form and manner required by
22 said Act;
23
24 WHEREAS, said Council found that the report and each and every part thereof was sufficient in
25 every particular and determined that it should stand as the report as amended for all subsequent
26 proceedings under said Act, whereupon said Council pursuant. to the requirements of said Act, and
27 Resolution No. 98-116 NCS, appointed Monday, July 20 1998, at the hour of 7:00 PM of said day in the
28 regular meeting place of said Council, Council Chambers, City Hall, 11 English Street, Petaluma,
29 California, as the time and place for hearing protests and count ballots in relation to the levy and
30 collection of the proposed assessments for said improvements, including the maintenance, thereof, for
31 Fiscal Year 1998-99, and directing said Council to give notice of said hearing as required by said Act.
32
33 WHEREAS, notices of said hearing were duly and regularly published, posted and mailed in the
34 time, form and manner required by said Act, as evidenced by the affidavits and certificates on file with
35 said.Clerk, whereupon said hearing was duly and regularly held at the time and place stated in said notice
36 and;
37
38 WHEREAS, persons interested, objecting to said improvements, including the maintenance,
39 thereof, or to the extent of the assessment districts, or any zones therein, or to the proposed assessments
40 or diagrams or to the Engineer's estimates of costs thereof, filed written protests and ballots for those
41 assessments which are increased with the City Clerk of said City at or before the conclusion of said
42 hearing, and all persons interested desiring to be heard were given an opportunity to be heard, and all
43 matters and things pertaining to the levy and collection of the assessments for said improvements, if any,
44 includingthe maintenance, thereof, were fully heard and considered by said Council;
45
46 BE IT RESOLVED by the City Council of the City of Petaluma, County of Sonoma, as follows:
47
48 1. That the protests against. said improvements, including the maintenance, thereof, or to the
49 extent of the assessment districts or any zones therein, onto the proposed assessments or diagrams, or to
50 the Engineer's estimates of costs thereof, for Fiscal Year 1998-99 have been received and considered.
51
Beaotmlon xo. 98-150 A x.cs. Page 1 of 3
1 2. That for certain Landscape Maintenance Assessment Districts, ballots regarding FY 1998-99
2 assessment increase and annual assessment increases based on a formula index have been filed with the
3 City Clerk and confirmed as to the vote on the ballot questions. Exhibit D, on file, lists the Landscape
4 Maintenance Assessment Districts ballots returned by each property owner.
5
6 3. The assessments in the Engineer's Report, on file, for certain Landscape Maintenance
7 Assessment Districts that do not have a majority vote of the ballots returned, as shown in Exhibit C, on
8 file, shall be reduced to the same amount as the prior year assessments.
9
10 4. That the public interest, convenience and necessity require and said Council does hereby order
11 the levy and collection of assessments pursuant to said Act, for the construction or installation of the
12 improvements, including the maintenance, thereof, more particularly described in said Engineer's Report,
13 as amended, and made a part hereof by reference thereto.
14
15 5. That the Landscape Maintenance Assessment Districts and the boundaries thereof benefited
16 and to be assessed for said costs for the construction or installation of the improvements, including the
17 maintenance, thereof, are situated in the City of Petaluma, California, and are more particularly described
18 by reference to maps thereof on file in the office of the City Clerk of said City. Said maps indicate by a
19 boundary line the extent of the territory included in each district and of any zone thereof and the general
20 location of each district.
21
22 6. That the plans and specifications for the existing improvements and for the proposed
23 improvements to be made within the assessment districts or wttlun any zone thereof contained in said
24 report, be, and they are hereby finally adopted and approved.
25
26 7. That the Engineer's estimates of the itemized and total costs and expenses of said
27 improvements, if any, maintenance and servicing thereof, and of the incidental expenses in connection
28 therewith, contained in the report as amended, be, and it is hereby, finally adopted and approved.
29
30 8. That the public interest and convenience require, and said Council does hereby order the
31 improvements to be made as described in and in accordance with said Engineer's Report, reference to
32 which is hereby made for a more particular description of said improvements.
33
34 9. That the diagram showing the exterior boundaries of the assessment districts referred to and
35 described in said Resolution No. 98-115 NCS, and also the boundaries of any zones therein and the lines
36 and dimensions of each lot of parcel of land within each district as such lot or parcel of land is shown on
37 the County Assessor's maps for the fiscal year to which it applies, each of which lot or parcel of land has
38 been given a separate number upon said diagram, as contained in each report, be, and it is hereby, finally
39 approved and confirmed.
40
41 10. That the assessments of the total amount of the costs and expenses of the said improvements,
42 if any, upon the several lots or parcels of land in each District in proportion to the estimated benefits to be
43 received by such lots or parcels, respectively, from said improvements, and the maintenance, thereof, and
44 of the expenses incidental thereto, contained in said report, as amended, be, and the same is hereby finally
45 approved and confirmed.
46
47 11. That the assessments included in said Engineer's report, as amended, for certain assessment
48 districts are to be credited by the amounts shown in Exhibit C of the Engineer's report on file with the
49 City Clerk, for the FY 98-99 assessment only.
50
Reso. 98-150A NCS Page 2 of 3
I 12. That said Engineer's Report, as amended, for Fiscal Year 1998-99 be, and the same is hereby,
2 finally adopted and approved as a whole.
3
4 13. That the City Clerk shall forthwith file with the Auditor-Controller of Sonoma County the said
5 assessments, together with said diagrams thereto attached and made a part thereof, as confirmed by the
6 City Council, with the certificate of such confirmation thereto attached and of the date thereof.
7
8 14. That the order for the levy and collection of assessments less one time credits for the
9 improvements and the final adoption and approval of the Engineer's Report, as amended, as a whole, and
0 of the plan and specifications, estimate of the costs and expenses, the diagrams and the assessments, as
11 contained in the Report, as herein above determined and ordered, is intended to and shall refer and apply
12 to the Report, or any portion thereof, as amended, modified, revised or corcected by, or pursuant to and
13 in accordance with any resolution or order, if any, heretofore duly adopted or made by this Council.
14
I S 15. That the Sonoma County Auditor-Controller and the Sonoma County Tax Collector apply the
16 Landscape Maintenance Assessment Districts assessments, listed in the Engineer's report on file with the
17 City Clerk, to the tax roll and have the Sonoma County Tax Collector collect said assessments in the
18 manner and form as with all other such assessments collected by the Sonoma County Tax Collector.
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) gx~ meeting
on the .2llih dey of .......J.U].y..............._..........................., 19...;).i}, by the
following vote:
City Attorney
AYES: Keller, Torliatt, Hamilton, Read, Stompe, Vice Mayor Maguire, Mayor Hilligoss
NOES: None
ABSENT: None '
ATTEST : ...Y
City Clerk Ma or
Council File..........._.._
ca io.as ae,.NO,_,98.-150A acs. Page 3 of 3