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HomeMy WebLinkAboutResolution 98-096 05/18/1998 Resolution No. y8-96 N.C.S. of the City of Petaluma, California I RESOLUTION ORDERING IMPROVEMENTS 2 3 TWIN CREEKS LANDSCAPE MAINTENANCE DISTRICT 4 (Pursuant to the Landscaping and Lighting Act of 19'72) 5 6 The City Council of the City of Petaluma resolves: 7 8 1. WHEREAS, the City Council adopted its Resolution No. 97-294 Initiating Proceeding 9 for the formation of Twin Creeks Landscape Maintenance District and directed the preparation to and filing of an Engineer's Report on the proposed formation; 11 2. WHEREAS, The Engineer for the proceedings has filed an Engineer's Report with the 12 City Clerk; 13 3..WHEREAS, said Council thereupon duly considered the report and each and every 14 part thereof and found that it contained all the matters and things called for by the provisions of 15 said Act and said Resolution No.97-294 including plans and specifications of the existing 16 improvements listed in the Engineer's report on file, and the proposed new improvements; 17 estimate of base annual costs as established by an independent consultant; diagram of said district; 18 and assessments according to benefits, all of which were done in the form and manner required by 19 said Act; 20 4. WHEREAS, said Council found that the report and each and every part thereof was 21 sufficient in every particular and determined that it should stand as the report as amended for all 22 subsequent proceedings under said Act, appointed Monday, May 18, 1998 , at the hour of 7:00 23 PM of said day in the regular meeting place of said Council, Council Chambers, City Hall, l 1 24 English Street, Petaluma, California, as the time and place for hearing protests in relation to the 25 levy and collection of the proposed assessments for said improvements, including the annual base 26 cost of maintenance, thereof, and directing said Council to give notice of said hearing as required 27 by said Act. Resolution No.9 R-96 N.O.S. Pag'C L Of 4 t 2 5. WHEREAS, notices of said hearing were duly and regularly published ,posted and 3 mailed in the time, form and manner required by said Act, as evidenced by the affidavits and a certificates on file with said Clerk, whereupon said hearing was duly and regularly held at the time 5 and place stated in said notice and; 6 6. WHEREAS, persons interested, objecting to said improvements, including the 7 maintenance, thereof, or to the extent of the assessment district, or to the proposed assessments 8 or diagram, or the Engineer's estimates of base costs thereof, filed written protests with the City 9 Clerk of said City at or before the conclusion of said hearing,. and all persons interested desiring to to be heard were given an opportunity to be heard, and all matters and things pertaining to the I1 levy and collection of the assessments for said improvements; if any including the maintenance, 12 thereof, were fully heard and considered by said Council; t3 BE IT RESOLVED by the City Council of the Cityof Petaluma, County of Sonoma, as 14 follows: t5 1. That the protests against said improvements, including the maintenance, thereof, orto 16 the extent of the assessment district, or to the proposed base assessments or diagram, or to the 17 consultant's estimates of base costs thereof, have been received and considered. 1s 2. That the public interest, convenience and necessity require and said Council does hereby 19 orderthe levy and collection of assessments pursuant to said Act, for the maintenance, thereof, 20 described in said Engineer's Report and made a part hereof by reference thereto. 21 3. That the Landscape Maintenance Assessment District and the boundaries thereof 22 benefited and to be assessed for said costs for the maintenance, thereof, are situated in the City of 23 Petaluma, California, and are more particularly described by reference to maps thereof on file in za the office of the City Clerk of said City. Said maps indicate by a boundary line the extent of the 25 territory included in the District and the general location of said District. Reso.9e3~Si 1~e2~a 1 4. That the plans and specifications for the improvements described in said Engineer's 2 Report are hereby adopted and approved. 3 5. That the Engineer's estimates of the itemized and total base costs and expenses of said 4 improvements, if any, maintenance and servicing thereof, and of the incidental expenses in 5 connection therewith, contained in the report as amended, be, and it is hereby finally adopted and 6 approved. 7 6. That the public interest and convenience require and said Council does hereby order the 8 improvements to be made as described in and in accordance with said Engineer's Report, 9 reference to which is hereby made for a more, particular description of said improvements. l0 7. That the diagram showing the exterior boundaries of the assessment district referred to 11 and described in said Resolution No. 97-294, and the lines and dimensions of each lot of parcel of 12 land within the district as such lot or parcel of lad is shown on the County Assessor's maps for the 13 fiscal year to which it applies, each of which lot or parcel of land has been given a separate la number upon said diagram, as contained in the report, be, and it hereby, finally approved and 15 confirmed. t6 8.That the assessments of the total amount of the base costs and expenses of the said 17 improvements, if any, upon the several lots or parcels of land in the District in proportion to the 1s estimated benefits to be received by such lots or parcels, respectively, from said improvements, 19 and the maintenance, thereof, and of the expenses incidental thereto, contained in said report, be, 20 and the same is hereby finally approved and confirmed. 21 22 9. That said Engineer's Report, as amended, and the same is hereby, finally adopted and 23 approved as a whole. Reso. 98-96 NCS Page 3 of 4 1 10. That the City Clerk shall forthwith file with the Auditor-Controller of Sonoma County 2 the said assessments as confirmed by the City Council, with the certificate of such confirmation 3 thereto attached and of the date thereof. 4 11. That the order for the levy and collection of assessments less the credits for 5 maintenance and final adoption and approval of the Engineer's report, as amended, as a whole, 6 and of the plan and specifications, estimate of the costs and expenses, the diagrams and the 7 assessments, as contained in the report, as hereinabove determined and ordered, is intended to and 8 shall refer and apply to the report, or any portion thereof, as amended, modified, revised or 9 corrected by or pursuant to and in accordance with any resolution or order, if any, heretofore duly l0 adopted or made by this Council. 11 12. That the Sonoma County Auditor-Controller and the Sonoma County Tax Collector, 12 apply the Landscape Maintenance Assessment District base assessments, listed in the Engineer's 13 Report, on file with the City Clerk, to the tax roll and have the Sonoma County Tax Collector 14 collect said assessments in the manner and form as with all other such assessments collected by 15 the Sonoma County Tax Collector. 16 17 18 Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution wea intreducxl and adopted by the Approved as to Council of the City of Petaluma at a (Regular) ~X7F~~~g)~E.~) meeting form on the ..18th day of ....---MaY---•---......._..........................., 1398..... by the following vote: City Attorney AYES: KELLER, TORLIATT, HAMILTON, READ, VICE MAYOR MAGUIRE, MAYOR HILLIGOSS NpES: NONE ABSENT:STOMPE ~~~y~ ,(//~Q/' ..J ~ ATTEST : ............sig.'ill!.:!.ri~.....C~c~~~~~%rvv~_.~ ~_../..l~L.:_..~G(~L4/........ ./!."L:.:............. City Clerk Mayor cb~ Fuagg_96- Page 4 of 4 CA 1085 Res. No N.CS.