HomeMy WebLinkAboutResolution 97-338 12/15/1997Resolution No. 97-338 N.C.S.
of the City of Petaluma, California
t RESOLUTION ORDERING IMPROVEMENTS
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3 WOODSIDE VII,LAGE LANDSCAPE MAINTENANCE DISTRICT
4 (Pursuant to the Landscaping and Lighting Act. of 1972)
5
G The City Council of the City of Petaluma resolves:
~ 1. WHEREAS, the City Council adopted its Resolution No. 97-296 NCS Initiating
8 Proceeding for the formation of Twin Creeks Landscape Maintenance District and directed the
v preparation and filing of an Engineer's Report on the proposed formation;
l0 2. WHEREAS, The Engineer for the proceedings has filed an Engineer's Report with the
tl City Clerk;
12 3..WHEREAS, said Council thereupon duly considered the report and each and every
13 part thereof and found that it contained all the matters and things called for by the provisions of
14 said Act and said Resolution No.97-296 NCS including plans and specifications of the existing
l5 improvements listed in the Engineer's report on file, and the proposed new improvements;
16 estimate of base annual costs; diagram of said district; and assessments according to benefits, all
17 of which were done in the form and manner required by said Act;
18 4. WHEREAS, said Council found that the report and each and every part thereof was
19 sufficient in every particular and determined that it should stand as the report as amended for all
20 subsequent proceedings under said.Act, appointed Monday, December 15, 1997 , at the hour of
21 7:00 PM of said day in the regular meeting place of said Council, Council Chambers, City Hall, 1 I
22 English Street, Petaluma, California, as the time and place for hearing protests in relation to the
z3 levy and collection of the proposed assessments for said improvements, including the annual base
24 cost of maintenance, thereof, and directing said Council to give notice of said hearing as required
25 by said Act.
97-338 Page 1 of 4
Reaolulion No. N.CS.
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z 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
4 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, of 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
11 levy and collection of the assessments for said improvements, if any including the maintenance,
1z thereof, were fully heard and considered by said Council;
13 BE IT RESOLVED by the City Council of the City of Petaluma, Countyof Sonoma, as
14 follows:
15 1. That the protests against said improvements, including the maintenance, thereof, or to
1G the extent. of the assessment district, or to the proposed base assessments or diagram, or to the
17 Engineer'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 order the 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
2z benefited and to be assessed for said costs for the maintenance, thereof, are situated in the City of
z3 Petaluma, California, and are more particularly described by reference to maps thereof on file in
24 the office of the City Clerk of said City. Said maps indicate by a boundary line the extent of the
z5 temtory included in the District and the general location of said District.
Reso. 97-338 NCS Page 2 of 4
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
s 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.
10 7. That the diagram showing the exterior boundaries of the assessment, district referred to
11 and described in said Resolution No. y7-29R Nc~nd the lines and dimensions of each lot of
12 parcel of land within the district as such lot or parcel of lad is shown on the County Assessor's
13 maps for the fiscal year to which is applies, each of which lot or parcel of land has been given a
14 separate number upon said diagram, as contained in the report, be, and it hereby, finally approved
15 and confirmed.
16 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
is 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 9. That the assessments included in said Engineer's Report, as amended, for the
22 assessment district are to be credited by the amounts shown in said report on file with the City
23 Clerk, for the FY 1998-99 assessment only.
2a 10. That said Engineer's Report, as amended, and the same is hereby, finally adopted and
25 approved as a whole.
Reso. 97-338 NCS Page 3 of 4
1 11.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 12. 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
~ 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
to adopted or made by this Council.
11 13. 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
Under the power and authority rnnterrnd upon this Council by the Charter of said City
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the App Low as to
Council of the City of Petaluma at a (Regular) ~Qrl~x~tpp~) meeting
on the ....15Y1~-.-......... day of .......Dec.P,.mbar ................•---..........., 19..9H., by the ~///~
following vote: ...l.l.,,. ~~.
City Attorney
AYES: Read, Keller, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss
NOES: None
ABSENT: Stomps
ATTEST : ... - ... ..................-................................
dy Clerk
CA t0 85
Cowal Filnnn__.o_..q._C__ ..................
Res. No....~.1..-.J.J.V'.._.:... NL.S.
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