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HomeMy WebLinkAboutResolutions 89-381 N.C.S. 12/04/1989.. ~~~ Resolution No. 89-381 N.C.S. o,f the City of F'~t~lu~~~, C~lifor.ni~~ RESOLUTION APPROVING 'REPORT AND ASSESSMENT AND ORDERING ACQUISIT-ION OF IMPROVEMENT ASSESSMENT DISTRICT NO. 20 REDWOOD BUSINESS PARK NO. 2 The City Council of the City of Petaluma resolves: This Council has taken a series of actions preliminary to ordering the acquisition of improvement in Assessment District No. 20, Redwood Business Park No. 2, City of Petaluma, Sonoma County, California, and now makes the following findings and orders: 1. The City Council adopted a map showing the boundaries of the land benefited by the acquisition of the improvement. A copy of the boundary map was filed in the office of the County Recorder of the County of Sonoma in the Book of Maps of Assessment and Community Facilities Districts. 2. The-City Council adopted its Resolution of Intention to order the acquisition of improvement described therein under the Municipal Improvement Act of 1913, and directed Brian Kangas Foulk, as the Engineer of Work for the assessment district, to prepare the report required by Section 10204 of the Streets and Highways Code. The Resolution of Intention was later amended. The acquisition of improvement is generally described as follows: (1) The acquisition .of existing special assessment liens within the boundaries of the proposed assessment district. (2') The acquisition of the following described improvements within the Redwood Business Park: a. Widening the east side of Old Redwood Highway 20 feet:, including construction of A.C. paving, curb and gutter, and a storm drainage system., water and fire services from an existing main, telephone and electric undergrounding, and services, sidewalk, ~~QOQO c~op~ c•,1 in:Ha 89-381 NCS Page 1 of 5 street lights, and A,, C. overlay of portions of the existing pavement from approximately 250 feet south ___ of Willow Brook Creek south across Redwood Way to the project boundary; approximately 800 feet. b. Construction of Redwood Way. This construction includes sanitary sewer mains and laterals, water mains and services of domestic water and fire, storm drain system with stubs 'to lots, street lights, sidewalk, removal of existing facilities as required., power and telephone services and main joint trench, A.C. paving and base rock, driveways, and signing and striping for approximately 1760 feet of roadway. c. Widening the west side of Old Redwood Highway 20 feet, including construction of A.C. paving, curb and gutter, and a storm drainage system, water and fire services from an existing main, telephone and electric undergrounding, and services, sidewalk, bus turn out, street lights, and A.C. overlay of ,portions of the existing pavement from Willow Brook Creek south across North McDowell to the project boundary; approximately 1460 feet. d. Construction of new roadways: North McDowell Boulevard, Montero Way and Willow Brook Court. This construction includes sanitary sewer mains and laterals, water mains and services for domestic water and fire, storm drain system with stubs to lots, street lights, sidewalk, removal of existing facilities as required, power and telephone services and main joint trench, A.C. paving and base rock, driveways, and signing and striping for approximately 1350 feet of roadway. e. Modification to the traffic signal at Old Redwood Highway/North McDowell Boulevard. 3. The Engineer of Work filed the report as directed, and the City Council called a hearing on the report as required by Section 10301 of the Streets and Highways Code. Notice of the hearing was given by publication, by street posting and by mailing to affected, property owners, all according to the Municipal Improvement Act of 1913. Affidavits of publication, posting and mailing were filed with the City Clerk. c•,~ io.r+s 89-381 Page 2 of 5 Rn. Nn .............................. N,CS. 4. At the time and place for which notice was given, the City Council conducted a public hearing and gave every interested person an opportunity to object to the acquisition of the improvement, the extent of the assessment district, or the proposed assessment. 5. The City Council finds that written protests against the acquisition of the improvement have not been made by owners representing more than one-half of the area of the land to be assessed for the improvement. 6. The documents and events described in paragraphs 1 to 4, inclusive, are stated here in tabular form, with their dates and, where appropriate, their numbers. All-documents are now on file with the City Clerk. Document or Event Date Number a. Resolution approving boundary map 11/20/89 89-364 b. Boundary map filed with County Recorder 11/27/89 c. Resolution of Intention 11/20/89 89-368 d. Filing of Engineer's Report 11/20/89 e. Resolution accepting Report 11/20/89 89-369 f. Certificate of Mailing Notice of Improvement ~ 11/21/89 g. Affidavit of publication of Notice of Improvement h. Certificate of posting Notice of Improvement 11/22/89 i. Certificate of posting Notice of Improvement at Chamber door j. Public hearing conducted 12/4/89 ---_ k. Resolution Amending Resolution of Intention 12/4/89 7. The City Council approves the Engineer's Report and each component part of it, including each exhibit incorporated by reference in the report. 8. The City Council finds that the Engineer of Work, in the Engineer's Report has fairly and properly apportioned the cost of ('.\ IQ~H5 R~~. Nn .......:..................... N~(` S D ~ Ro Z n ~ ~. the improvement to each parcel of land in the assessment district in proportion to the estimated benefits to be received by each parcel, respectively, from the. improvement. The City Council hereby confirms and levies each individual assessment as stated in the Engineer's Report. 9. This City Council orders the acquisition of improvement described in paragraph 2 and as detailed in the Engineer's Report. Notwithstanding the .advance retirement of bonds of Assessment District No. 16, the current installments of assessments and interest in Assessment District No. 16, which installments are now posted to the tax roll for the fiscal year 1989-90, shall be collected and shall be used in part to pay principal and interest on bonds of Assessment District No. 16 maturing on September 2, 1990, the balance to be deposited in the improvement fund for Assessment District No. 20. The current installments, if not paid, shall bear the interest and penalties provided by law; and in that event the Finance Officer is authorized to draw on the Special Reserve Fund for Assessment District No. 20 as may be required to prevent any delinquency in the payment of principal and interest on the bonds of Assessment District No. 16. 10. Serial bonds representing unpaid assessments, and bearing interest at a rate not to exceed twelve percent (120) per annum, will be issued in the manner provided by the Improvement Borid Act of 1915 (Division 10, Streets and Highways Code), and the last installment of the bonds shall mature not to exceed twenty (20) years from the second day of September next succeeding twelve (12) months from their date. The unpaid assessments are classified Page 4 of 5 ('~\ IO.KS Rye. Na ..............:... ~.:. N (: S into different terms of maturity such that assessments numbered 1 to 7, inclusive, (the "Phase II" assessments) shall mature in twenty-one (21) annual installments., and the remainder of the assessments (the "Phase I" assessments.) shall mature in eleven (11) annual installments. il. According to Section 10603 of the Streets and Highways Code, the City designates the City Treasurer to collect and receive payment of the assessments. 12. On the basis of the evidence on file with the City Clerk, the total amount of the assessment. as shown on the Engineer's Report does not exceed 75% of the market value of the properties assessed for the cost of the improvements. 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 A as to Council of the Cit of Petaluma at a Re ~ •~ fo Y ~ gular) (i~txed~xc+I~ 7Q~et~ on the .:. 4th--•---...---- day of .................Decembe.r....................., 19.8.9., by following vote: • : ... ............................... AYES: Tencer, Woolsey, Cavanagh, Balshaw, Davis, Vice Mayor Sobel, Mayor Hilligo~s NOES: ~ ABSENT: ~ ATTEST:. - = •.. . - `- v .~ City .Clerk G~ 10-NS ~q~~p~ ~Y" ........ ...... Mayor Council File..._........-._..._._..-........ Hes. No......8.9'.38.1....... N.C':S: