HomeMy WebLinkAboutResolution 97-339 12/15/1997Resolution No. s~-sss N.C.S.
of the City of Petaluma, California
1
2
3
4
5
6
7
8
9
to
tl
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
2s
29
30
31
RESOLUTION ORDERING THE
ANNEXATION OF UNITS 2A & 3A, PHASES 2, 3, & 4 TO AND
THE RENAMING OF CASA DEL ORO, ANNEXATION 2 LANDSCAPE
MAINTENANCE DISTRICT TO COUNTRY CLUB ESTATES LANDSCAPE
MAINTENANCE DISTRICT
(Pursuant to the Landscaping and Lighting Act of 1972)
The City Council of the City of Petaluma resolves:
1. Wf~REAS, the City Council adopted its Resolution No.97-295 NCS Initiating
Proceeding for the formation of Country Club Estates Landscape Maintenance District and.
directed the preparation and filing of an Engineer's Report on the proposed formation;
2. WHEREAS, The Engineer for the proceedings has filed an Engineer's Report with the
City Clerk;
3..WIIEREAS, 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 Resolution No.97-295 NCS including plans and specifications of the existing
improvements listed in the Engineer's report on file, and the proposed new improvements;
estimate of base annual costs; diagram of said district; and assessments according. to benefits, all
of which were done in the form and manner required by said Act;
4. WI~REAS, said Council found that the report and each and every part thereof was
sufficient in everyparticular and determined that it should stand as the report as amended for all
subsequent proceedings under said Act, appointed Monday, December 15, I997 , at the hour of
7:00 PM of said day in the regular meeting place of said Council, Council Chambers, City Hall, I 1
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 annual base
cost. of maintenance, thereof, and directing said Council to give notice of said hearing as required
by said Act.
5. WHEREAS; notices of said hearing were duly and regularly published ,posted and
mailed 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;
Resolution No. 97-339 x.cs. Page 1 of 4
1
2 6. WI~REAS, persons interested, objecting to said improvements, including the
3 maintenance, thereof, or to the extent of the assessment district, of to the proposed assessments
a or diagram, or the Engineer's estimates of base costs thereof, filed written protests with the City
5 Clerk of said City at or before the conclusion of said hearing, and all persons interested desiring
6 to be heard were given an opportunity to be heard, and all matters and things pertaining to the
7 levy and collection of the assessments for said improvements, if any including the maintenance,
s thereof, were fully heard and considered by said Council;
9 BE IT RESOLVED by the City Council of the City of Petaluma, County of Sonoma, as
to follows:
11 1. That the protests against said improvements, including the maintenance, thereof, or to
12 the extent of the assessment district, or to the proposed base assessments or diagram, or to the
13 Engineer's estimates of base costs thereof, have been received and considered.
14 2. That the public interest, convenience and necessity require and said Council does hereby
15 order the levy and collection of assessments pursuant to said Ac[, for the maintenance, thereof,
16 described in said Engineer's Report and made a part hereof by reference thereto.
17 3. That the Landscape Maintenance Assessment District and the boundaries thereof
1s benefited and to be assessed for said costs forthe maintenance, thereof, are situated in the City of
19 Petaluma, California, and are more particularly described by reference to maps thereof on file in
zo the office of the City Clerk of said City. Said maps indicate by a boundary line the extent of the
21 territory included in the District and the general location of said District.
2z 4. That the plans and specifications for the improvements described in said Engineer's
23 Report are hereby adopted and approved.
2a 5. That the Engineer's estimates of the. itemized and total base costs and expenses of said
25 improvements, if any, maintenance and servicing thereof, and of the incidental expenses in
26 connection therewith, contained in the report as amended, be, and it is hereby finally adopted and
27 approved.
Reso. 97-339 NCS Page 2 of 4
1 6. That the public interest and convenience require and said Council does hereby order the
2 improvements to be made as described in and in accordance with said Engineer's Report,
3 reference to which is hereby made for a more particular description of said improvements.
4 7. That the diagram showing the exterior boundaries of the assessment district referred to
5 and described in said Resolution No. 97-295 NCS, and the lines and dimensions of each lot of
6 parcel of land within the district as-such lot or parcel of lad is shown on the County Assessor's
7 maps for the fiscal year to which is applies, each of which lot or parcel of land has been given a
8 separate number upon said diagram, as contained in the report, be, and it hereby, finally approved
9 and confirmed.
l0 8.That the assessments of the total amount of the base costs and expenses of the said
11 improvements, if any, upon the several lots or parcels of land in the District in proportion to the
12 estimated benefits to be received by such lots or parcels, respectively, from said improvements,
t3 and the maintenance, thereof, and of the expenses incidental thereto, contained in said report, be,
14 and the same is hereby finally approved and confirmed.
15 9. That. the assessments included in said. Engineer's Report, as amended, for the
16 assessment district aze to be credited by the amounts shown in said report on file with the City
17 Clerk, for the FY 1998-99 assessment only.
18 ] 0. That said Engineer's Report, as amended, and the same is hereby, finally adopted and
19 approved as a whole.
20 11.That the City Clerk shall forthwith file with the Auditor-Controller of Sonoma County
21 the said assessments as confirmed by the City Council, with the certificate of such confirmation
22 thereto attached and of the date thereof.
23 12. That the order for the levy and collection of assessments less the credits for
2a maintenance and final adoption and approval of the Engineer's report, as amended, as a whole,
25 and of the plan and specifications, estimate of the costs and expenses, the diagrams and the
26 assessments, as contained in the report, as hereinabove determined and ordered, is intended to and
27 shall refer and apply to the report, or any portion thereof, as amended, modified, revised or
Reso. 97-339 NCS Page 3 of 4
l corrected by or pursuant to and in accordance with any resolution or order, if any, heretofore duly
2 adopted or made by this Council.
q 13. That the Sonoma County Auditor-Controller and the Sonoma County Tax Collector,
5 apply the Landscape Maintenance Assessment District base assessments, listed in the Engineer's
6 Report, on file with the City Clerk, to the tax roll and have the Sonoma County Tax Collector
~ collect said assessments in the manner and form as with all other such assessments collected by
8 the Sonoma County Tax Collector.
Under the power and authority conferred upon this Council by the Charter of said City
REFERENCE: r hereby certify the foregoing Resolution was introduced and adopted by the Apprfumi as to
Council of the City of Petaluma at a (Regular) ke>~toumtel~xQeba meeting
on the ...15.1:-h ............. day of ........._D~~.t:.[?lber.._.._.................., 19...97. by the ~ ~ ~;,ri
following vote:
City Attorney
AYES: Read, Keller, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss
NOES: None ~''
ABSENT: Stomps ;- ~/ , ~v _~
ATTEST: = ~ /
...... ~~..:.: ~s
i y Clerk Mayor
(b~mcil FI .._........_ ...................
ca loss Res. no,...~7-3.3.9........ e.as. Page 4 of 4