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HomeMy WebLinkAboutResolutions 89-058 N.C.S. 02/27/1989} ..y'p' ~~ Resolution No. N C.S. ~~ ~~ of the City of Petaluma, California OF INTENTION TO MAKE ACQUISITIONS AND IMPROVEMENTS PETALUMA AUTO PLAZA ASSESSMENT DISTRICT N0. 19 RESOLVED, by the City Council of the City of Petaluma, California, that the public interest, convenience and necessity require, and that it intends to order the making of the acquisitions and improvements described in Exhibit "A" attached hereto and made a part hereof. Section 1. Except as herein otherwise provided for the issuance of bonds, all of said work shall be done as provided in the Municipal Improvement Act of 1913. Section 2. All of said work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations, as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. There is to be excepted from the work above described any of such work already done to line and grade and marked excepted or shown not to be done on said plans, profiles and specifications. Whenever any Page 1 of 13 a~5. N~,......8..9-58.......... n.cs. ~, public way is herein referred to as running between two public ways, or from or to any public way, the intersections of the public ways referred to are included to the extent that work is shown on said plans to be done therein. Said streets and highways are or will be more particularly shown in the records in the office of the County Recorder of the County of Sonoma, State of California, and shall be shown upon said plans. Section 3. Notice is hereby given of the fact that in many cases said work and improvements will bring the finished work to a grade different from that formerly existing, and that to said extent said grades are hereby changed and that said work will be done to said changed grades. Section 4. In cases where there is any disparity in level or size between the improvements proposed to be made herein and private property and where it is more economical to eliminate such disparity by work on said private property than by adjustment of the work on public property, it is hereby determined that it is in the public interest and more economical to do such work on private property to eliminate such disparity. In such cases, said work on private property sh-all, with the written consent of the owner of said property, be done and the actual cost thereof may be added to the proposed assessment of the lot on which said work is to be done. Page 2 of 13 Section 5. This Council does hereby adopt and establish as the official grades for said work the grades and elevations to be shown upon said plans, and specifications. All such grades and elevations are to be in profiles feet and decimals thereof with reference to the datum plane of this City. Section 6. The descriptions of the acquisitions and improvements and the termini of the work contained in this Resolution are general in nature. A11 items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work and maps and descriptions as contained in the Engineer's Report, hereinafter directed to be made and .filed, shall be controlling as to the correct and detailed description thereof. Section 7. Said contemplated acquisitions and improvements, in the opinion of this Council, are of more than local or ordinary public benefit, and the costs and expenses thereof are made chargeable upon an assessment district, the exterior boundaries of which are shown on a map thereof on file in the office of the City Clerk, to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in the proposed district and shall govern for all details as to the extent of the assessment district. Section 8. This Council declares that all public streets, highways, lanes and alleys within said assessment district in use in the performance of a public function, and all lands owned by any Page 3 of 13 ~~~. ~ ~ ° 5 ~ N C S ~. public entity, including the United States and the State of California, or any departments thereof, shall be omitted from the assessment hereafter to be made to cover the costs and expenses of said acquisitions and improvements. Section 9. Said acquisitions and improvements are hereby referred to McKay & Somps, Santa Rosa, California, as Engineer of Work for this assessment district, a competent person employed by this City for the purpose hereof, and said Engineer of Work is hereby directed to make and file with said Clerk a report in writing, presenting the .following: (a) Maps and descriptions of the lands and easements to be acquired, if any; (b) Plans and specifications of the proposed improvement if the improvement is not already installed. The plans and specifications do not need to be detailed and are sufficient if they show or describe the general nature, location, and extent of the improvements. If the assessment district is divided into zones, the plans and specifications shall indicate the class and the type of improvements to be provided for each zone. The plans or specifications may be prepared as separate documents, or either or both may be incorporated in the report as a combined document. Page 4 of 13 ~. (c) A general description of works or appliances already installed and any other property necessary or convenient for the operation of the improvement, if the works, appliances, or property are to be acquired as part of the improvement. (d) An estimate of the cost of the improvement and of the cost of lands, rights-of-way, easements, and incidental expenses in connection with the improvement, including any cost of registering bonds. If the Council, as herein otherwise provided, has ordered that private utility damages be included in the assessment, the report shall contain as estimate of the private utility damages. (e) A diagram showing, as they existed at the time of the passage of the resolution of intention, all of the following: 1. The exterior boundaries of the assessment district. 2. The boundaries of any zones within the district. 3. The lines and dimensions of each parcel of Iand within the district. Each subdivision., including each separate condominium interest, as defined in Section 783 of the Civil Code, shall be given a separate number upon the diagram. The diagram may refer to the county assessor's maps for a detailed description of the lines and dimensions of any parcels, in which case those maps Page 5 of 13 ~~~~o ~ ~ - ~ ~ N C -~ shall govern for all details concerning the lines and dimensions of the parcels. (f) A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the several subdivisions of land in the district in proportion to the estimated benefits to be received by each subdivision, respectively, from the improvement. The assessment shall refer to the subdivisions by their respective numbers as assigned pursuant to subdivision (e). When any portion or percentage of the costs and expenses of said acquisitions and improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of said acquisitions and improvements, and said assessment shall include only the remainder of the estimated cost and expenses. (g) A proposed maximum annual assessment upon each of the several subdivisions of land in the district to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments or from the administration of other related funds. Section 10. If any excess shall be realized from the assessment it shall be used, in such amounts as this Council may determine, in Page 6 of 13 accordance with the provisions of law, for one or more of the following purposes: (a) Transfer to the general fund of this City, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or five percent (5%) of the total amount expended from the improvement fund; (b) As a credit upon the assessment and any supplemental assessment; or (c) For the maintenance of the improvements. Section 11. McKay & Somps, Engineer of Work. for this assessment district, is hereby designated as the person to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during regular office hours at 1724 Corby Avenue, Santa Rosa, California 95401, or by calling (707) 525-9440. Section 12. To the extent that any of the work, rights, improvements and acquisitions indicated in the Engineer's Report, to be made as provided herein, are shown to be connected to the facilities, works or systems of, or are to be owned, managed and controlled by, any public agency other than this City, or of any public utility, it is the intention of this Council to enter into an agreement with such public agency or public utility pursuant to Chapter 2 (commencing with Section 10100) of Division 12 of the Page 7 of 13 ~s~. ~ ~ ° 5 ~ N C S ~_~ Streets and Highways Code, which agreement may provide for, among other matters, the ownership, operation and maintenance by such agency or utility of said works, rights, improvements and acquisitions, and may provide for the installation of all or a portion of such improvements by said agency or utility and for the providing of service to the properties in the area benefiting from said work, rights, improvements and acquisitions by such agency or utility in accordance with its rates, rules and regulations, and that such agreement shall become effective after proceedings have been taken for the levy of the assessments and sale of bonds and funds are available to carry out the terms of any such agreement. Section 13. Notice is hereby given that serial bonds to represent unpaid assessments, and bear interest at the rate of not to exceed twelve percent (12%) per annum, or such higher rate of interest as may be authorized by applicable law at the time of sale of .such bonds, will be issued hereunder in the manner provided by the Improvement Bond Act of 1915, Division 10 (commencing with Section 8500) of the California Streets and Highways Code, the last installment of which bonds shall mature not to exceed thirty-nne_.(39). years from the second day of September next succeeding twelve (12) months from their date. Interest shall be payable semiannually on the second day of March and September, respectively, of each year. This Council hereby determines that the amount of principal of bonds maturing in each year plus the amount of interest payable in that year shall be an aggregate amount that is approximately equal each year, except for the moneys falling due on the first series of bonds Page 8 of 13 ~• which shall be adjusted to reflect the amount of interest earned from the date when the bonds bear interest to the date when the first interest is payable on the bonds. Section 14. The provisions of Part 11.1 of Division 10 of the Streets and Highways Code, providing for an alternative procedure for the advance payment of assessments and the calling of bonds, shall apply to bonds issued pursuant to Section 13 above. Section 15. Reference is hereby made to proceedings had pursuant to Division 4 of the Streets and Highways Code which are on file in the office of said Clerk. Section 16. Notice is hereby given that, in the opinion of this Council, the public interest will be served by allowing the property owners to take the contract for the construction of the improvements and therefore that in such event, pursuant to Section 20487 of the Public Contract Code, an appropriate notice of award of contract shall be published. Section 17. Notice is hereby given that it is the intention of this Council to consider adoption of an ordinance, pursuant to Section 10205 of the Streets and Highways Code, authorizing contributions by the City of Petaluma, from any sources of revenue not otherwise prohibited by law, of a specified amount, portion or percentage of such revenues, for the purpose of acquisition or construction of improvements, the acquisition of interests in real Page 9 of 13 property and the payment of expenses incidental thereto for the use and benefit of the assessment district contemplated by this Resolution, and to consider authorizing application of such revenues as a credit upon the assessment proposed to be levied in proceedings pursuant hereto. Section 18. It is hereby found and determined that one hundred percent (100%) of the owners of the property to be assessed have signed and filed petitions waiving the protest hearing and that said protest hearing shall not be required. Section 19. It is hereby recognized by this Council that in order for certain of the properties herein proposed to be assessed to obtain the benefits which the road improvements herein proposed to be ordered will be designed to confer (being all parcels within the boundary of the assessment district which are not adjacent to the road improvements proposed to be constructed, as described in Exhibit "A" hereto and to be shown on the plans hereinabove ordered to be prepared, and which do not have access to said road improvements to be constructed either via existing unimproved roads and/or rights of way therefor), such access must be acquired. It is therefore resolved, subject only to confirmation of the herein proposed assessment for the herein proposed acquisitions and improvements, as follows: (a) All lands, easements or rights of way necessary for such access will be acquired by condemnation by this City Page 10 of 13 .~ (except as to lands with respect to which the City has no power to condemn) if necessary, in which event the road improvements on such acquired lands, easements or rights of way shall be constructed to applicable City standards, with the costs of acquiring such access and constructing such road improvements to be borne by the landowners benefited thereby either by such landowner's cash payments, by special assessment proceedings, advance by the City subject to reimbursement, any other appropriate method, or a combination thereof; and (b) The owners and occupants of the lots, tracts, pieces and parcels of land lying within the boundaries of the assessment district shall at all times hereafter be entitled to the use and benefit of the road improvements to be acquired and constructed herein, and that right, permission, privilege and authority 'are hereby given and granted to the present and future owners and occupants of the lands within said assessment district to connect all road improvements which may hereafter be constructed within said assessment district by them, or on their behalf, with said road improvements to be acquired and constructed in these proceedings. Section 20. It is the intention of this Council to create a special reserve fund pursuant to and as authorized by Part 16 of Division 10 of the Streets and Highways Code of the State of California. Page 11 of 13 ~~J®.c~~ ~~ NC~ Section 21. This Council hereby determines and declares, pursuant to Section 8769 of the Streets and Highways Code, that 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 to be established for the payment of the bonds and the interest thereon. Section 22. This Council hereby determines and declares that a penalty of two percent (2%) per month of the total amount of any delinquent installment of assessment shall be added to the delinquent installment after the close of business on the delinquency date and an additional penalty of two percent (2%) of the amount of such delinquency shall be added at the beginning of business on the tenth (10th) day of each succeeding month until that delinquent installment and all penalties thereon are fully paid. Such penalty shall be in lieu of all other penalties assessed by other provisions of law. The Treasurer or the designated paying agent shall collect the penalties with and as a part of the delinquent installments and all penalties collected shall be deposited in the redemption fund for the bonds. Section 23. It is hereby determined that the bonds proposed to be issued in these proceedings may be refunded. Any adjustment to assessments resulting from such refunding shall be done on a pro rata basis as required pursuant to Section 8571.5 of the Streets and Highways Code. Any such refunding shall be pursuant to the provisions of Division 11.5 (commencing with Section 9500) of the Page 12 of 13 ~~®o C7 ~ s ~ ~ ltl li A~ •~ Streets and Highways Code, except that, if, following the filing of the report specified in Section 9523 and any subsequent modifications of the report, the Council finds that each of the conditions specified in the resolution of intention is satisfied and that the adjustments to assessments are on a pro rata basis, the Council may approve and confirm the report and may, without further proceedings, authorize, issue, and sell the refunding bonds pursuant to Chapter 3 (commencing with Section 9600) of Division 11.5 of the Streets and Highways Code. Any such refunding bonds shall bear interest at the rate of not to exceed twelve percent (12%) per annum, or such higher rate of interest as may be authorized by applicable law at the time of sale of such bonds, and the last installment of such bonds shall mature on such date as will be determined by the Council in the proceedings for such refunding. Section 24. This Resolution shall take effect upon adoption. PET00003/0428P/es 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 p roved as to Council of the City of Petaluma at a (Regular) (Adjourned) ( meeting form on the ..-.27th........_.. day of ...........1?~~~ua~y ............................. 19.$9.., by the following vote: ------------------------------ 'ty Attorney AYES: Cavanagh, Tencer, Sobel, Woolsey, Balshaw, Vice Mayor Davis NOES: U ;~' ,~, 1 ABSENT: ABSTAIN: Mayor Hilligoss ~' ~,~ ~ ATTEST: -~- ----... :. -. ~~ 2:r!-fry ...:.... ......Pas~~e.---13...of 13 ...----- -- ...---.. :.-- ------- ----- -•;--- -------------x.-%....--..--... City Clerk Ma or ..-. . Council -_ -~8 .............~ •---• CA 10-85 ~ F2es. No . .............................. N.C.S.