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HomeMy WebLinkAboutResolution 2009-135A N.C.S. 08/03/2009Resolution No. 2009-135A N.C.S. of the City of Petaluma, California ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAMS AND ANNUAL ASSESSMENTS FOR LANDSCAPE ASSESSMENT DISTRICTS FOR FISCAL YEAR 2009-2010 WHEREAS, the City Council adopted its Resolution No. 2009-116A N.C.S, Describing Improvements and Directing Preparation of Engineer's Report for fiscal year 2009-2010 for the Landscape Assessment Districts, listed in Exhibit A to this Resolution and Exhibit A of the Engineers Report on file, pursuant to the Landscaping and Lighting Act of 1972, Streets and Highways Code sections 22500 et seg., of the State of California; and, WHEREAS, each report was duly made and filed with the City Clerk of said City, whereupon said Clerk. presented it to the Council for consideration; and, WHEREAS, 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. 2009-116A N.C.S including plans and specifications of the existing improvements listed in Exhibit B of the Engineers 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, said 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 as amended for all subsequent proceedings under said Act, whereupon said Council, pursuant to the requirements of said Act, appointed Monday, July 20, 2009, at the hour of 7:00 PM of said day in the regular meeting place of said Council, 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 2009-2010, and directed said Council 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 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, filed written protests with the City Clerk of said City 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. Resolution No. 2009-135A N'.C.S. Page 1 BE IT RESOY,VED by the City Council of the City of Petaluma, County of Sonoma, 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 2009-2010 have been. received and considered; and, 2. That the public interest, convenience and necessity require and said 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; and, 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; and, 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 the same is hereby finally adopted and approved; and, 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; and, 6. That the public interest and convenience require, and said 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; and, 7. That the diagram showing the exterior boundaries of the assessment districts referred to and described in said Resolution No. 2009-116A N.C.S, 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 maps 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 it is hereby, finally approved and confirmed; and, 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 is hereby finally approved and confirmed. 9. That the assessments included. in said Engineer's report, as amended, for certain assessment districts are to be credited by the amounts shown in Exhibit D of the Engineer's report on file with the City Clerk, for the FY 2009-2010 assessment only. Resolution No. 2009-135A N.C.S. Page 2 10. That said Engineer's Report, as amended, for Fiscal Year 2009-2010 and the same is hereby, fnally adopted and approved as a whole. 11. That. the City Clerk shall forthwith file with the Auditor-Controller of Sonoma County the said assessments, together with said diagrams thereto attached and made a part thereof, as confirmed by the City Council, with the certificate of such confirmation thereto attached and of the date thereof. 12. That the order for the levy and collection of assessments less one time credits for the improvements and the final. adoption and approval of the Engineer's Report, as amended, as a whole, and of the plan and specifications, estimate of the costs and expenses, the diagrams and the assessments, as contained in the Report, as herein above determined and ordered, is intended to and shall refer and apply to the Report, or any portion thereof, as amended, modified, revised or corrected by, or pursuant to and in accordance with any resolution or order, if any, heretofore duly adopted or made by this Council. 13. That the Sonoma County Auditor-Controller and the Sonoma County Tax Collector apply the Landscape Maintenance Assessment District assessments, listed in the Engineer's 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 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 rived as to Council of the City of Petaluma at a Regular meeting on the 3`d day of August, f r 2009, by the following vote: City orney AYES: Vice Mayor Barrett, Glass, Rabbitt, Renee NOES: None ABSENT: Harris, Healy ABSTAIN: Mayor Torliatt ATTEST: ~y ~~~4~-u.~ City Clerk Vice Mayor Resolution No. 2009-135A N.C.S. Page 3 EXHIBIT A TO RESOLUTION 2009-135A N.C.S. 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