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HomeMy WebLinkAboutResolutions 89-368 N.C.S. 11/20/1989,, =~ ~ resolution No. 89-368 N.C.S. ~f .th~~ City of Pe~t~~~l~urn~~, C~liforni~l RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN ASSESSMENT DISTRICT NO. 20 REDWOOD BUSINESS' PARK NO. 2 The City Council of the City of 'Petaluma of resolves: This Council intends to order the acquisition of the following improvements under the authority of the Municipal Improvement Act of 1913: 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, 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 ex-sting 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 e°~~c~oc~o Qo~~ ~. 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 a's requ'red, power and telephone services and main joint trench,. A.C. pawing 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. This Council finds that the land specially benefited by the- improvement is shown within the boundaries of the map entitled, "'Proposed Boundaries of Assessment District No. 20, Redwood Business Park. No. 2, City of Petaluma, Sonoma County, California." This map has been approved by the City Council and is now on file with the City Clerk.. The land within the exterior boundaries shown on the map shall be designated Assessment District No. 20, Redwood Business Park No. 2, City of Petaluma, Sonoma County, California. This. Council intends to levy a special assessment upon the land within the described district 'in accordance with the special benefit. to be received by each parcel. of land, respectively, from the improvement. There shall be omitted from special assessment all public streets, alleys and places and all land belonging to the United States, the State of California, the County of Sonoma and this City now ih use in the performance of a public.,f.unction. This Council intends, pursuant to subparagraph (f) of Section 1:0204 of the California Streets and Highways Code, to provide :for an annual assessment upon each of the parcels of land in .the proposed assessment district to pay various costs and 2 Reso. 89-368 N.C.S. expenses incurred from time to time by the City and not otherwise reimbursed to the City which result from the administration and collection of assessment installments or from the administration or registration of the improvement bonds and the various funds and accounts pertaining thereto. Serial bonds representing unpaid assessments, and bearing interest at a rate not to exceed twelve percent (12%) per annum, will be issued in the manner provided by the .Improvement Bond Act of 1915 (Division 10, Streets and Highways Code.), and the last installment of the bonds shall mature not to exceed nineteen (19) years from the second day of September next succeeding twelve (12) months from their date. The procedure for the collection of assessments and advance retirement of bonds under the Improvement Bond Act of 1915 shall be as provided in Part 11.1, Division 10, of the Streets and Highways Code of the State of California. The City of :Petaluma will not obligate itself to advance available funds from the City treasury to cure any deficiency which may occur in the bond redemption fund. A determination not to obligate itself shall not prevent the City of Petaluma from, in its sole discretion, so advancing funds. This Council finds that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (commencing with Section 2800, Streets and Highways Code) does not apply to these proceedings. 3 Reso. 89-368 N.C.S. a. ,~ This Council appoints Brian Kangas Foulk as Engineer of Work for this project, and directs the preparation of the report required by Section 10204 of the Streets and Highways Code. If any excess shall be realized from. the assessment it shall be used, in such amounts as the City Council may determine, in accordance with the provisions of law for one or more of the following purposes: (a) Transfer to the general fund of the City, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or 5% of the total amount expended from -the improvement fund; (b) As a cred~.t upon the assessment and. any supplemental assessment•., provided that such surplus may, if the City Council so 'determines, also be applied as a credit to the City or-.any local, state or national agency or. authority which shall have made a contribution towards the cost and expenses '~of~~the, acquisitions and improvements in the p~roporttiiori•,whcli~~ such contribution bears to the total amount of the assessment or supplemental assessment prior to the deduction of all such contributions; or ~ ` (c) For the. maintenance of the improvements. Under thn pon!er and authority conferred upon. this Council by the Charter of said City. I hereby certify the foreaoino Resolution was 'inttoduced and adopted by the Council of the City of Petaluma at a (Regular;) ~t3~X1) meeting ppio_~e a t on the .20th .............. day of ..-.----.........November .......... 19..89, by the following votc: i rtorney AYES: •Teneer, Woolsey, Cavanagh, Balshaw, Davis, Vice Mayor Sobel, Mayor Hilligoss NOES: 0 AaS°ENT; 0 ATTEST: .....Y.-...:: - - Cicy Clerk 89-368 CouNCi~ Fll[