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HomeMy WebLinkAboutResolution 4453 N.C.S. 02/21/1966 IN ODUCED BY COUNCILMAN : RESOLUTION; NO. 4453 "NuC .S f RES.OUTION AMEND:ING', RESOLUTION OF INTENTION N . 4203 N.C.S . IN. THE MATTER OF THE BONDS TO BE ISSUED AND THE TERM OF THE, BONDS , AND D,ISPOS ITION OF ANY SURPLUS FUNDS IN ASSESSMENT DISTRICT NO. 9 N`. S .,, CITY OF PETALUMA , SONOMA COUNTY', CA'LILFORNIA WHEREAS , the City Council of the City of Petaluma adopted Resolution of Intention No. 4203 N. C.S . On. the. 1st day of February, 1965;. and WHEREAS , on the 4th day of Octbber,, 1.965 , said City Council amended Resolution of Intention No. 4203 N.•C,S . by including' the following language "The improvement Of all of the streets included within said ' Petaluma Industrial Park , Unit 1' , by the construction of improvements including , but not limited to grading, curbs , gutters and sidewalks , driveway •approa ches , base course , wearing surface, Idomestic water facilities , fire protection facilitie"s , sanitary sewer' facilities, drainage facilities, railroad drill and spur tracks where applicable , street signs , street monuments ;, •and acquisition of rights-of-way, together with any appurtenances or appurtenant structures necessary to complete the construction of said streets . "Acquisition of capacity in pre-existing sanitary sewer system." and, WHEREAS, on the, s 3rd. day of January, 1966 , _ aid City Council adopted a Resolution :of Intention to Amend Resolution of Intention No 4203 N.C.S . in the m"atter of the bonds to be issued , the' term of the bonds and the disposition of any surplus funds , and set public hearing thereon for the 7th day of February, 1966 ; and WHEREAS , said hearing was held on the 7th day of February, 1966 ,. and continued to the 17th day of February, 1966 ; and WHEREAS , 'consideration of the proposed, amendments to said Resolution of Intention. No. 4203 N, C.S. was •furth'enc onti:nued to the 21st day of February., 1966 ; and WHEREAS , said City Council has heard and duly considered all protests and matters in connection with said proposed amendments to Resolution of Intention No.. 4203 N.C•_,S . , NOW, THEREFORE , BE IT RESOLVED by the City Council of > f the City of Peta luma., Sonoma County, California, that said Resolution of Intention No. 4203 N. C.S . is hereby amended to read as follows : -1- UOTE : INTRODUCED BY COUNCILMAN SECONDED BY .COUNCILMAN HERBERT C. GANS, JOHN W. 'CAVANAUGH. ,. JR. RESOLUTION, OF INTENTION NO , 4203 'N, C.S . IN THE MATTER OF THE CONSTRUCTION OF IMPROVEMENTS AND THE ACQUISITION OF PROPERTY IN ASSESSMENT DISTRICT NO 9 N. S. , CITY OF .PETAtUMA , SONOMA COUNTY:, CALIFORNIA BE IT RESOLVED b.y the City Council of the City of Petaluma, Sonoma County, Californi , that it is the intention of said City Council to order the fo-llowing construction of improvements and acquisitions to be made in Assessment District No . 9 N.S . , of the City of Petaluma: 1. Construction. ofla water transmission system connecting to the existing Russian River Acqueduct at or near Corona Road and serving the lands within the proposed district, with water for domestic fire protection purposes , including acquisition of ^rights-of-way , together with any appurtenances necessary to the completion of said water transmission system. 2. Construction of a sanitary trunk-Sewer system connecting to the existing sewer system at Corona Road and unningiinto a Northwesterly direction along the easterly side of U. S : High- way 101 to and along Old Redwood Highway, including acquisition of rights-of-way, together with any' ;appurtenances necessary to the completion of said sanitary trunk-sewer system. 3 . The improvement. fof the extension of McDowell Road from Old Redwood Highway Southeasterly to the proposed Petaluma Indus- trial Park Unit 1, as shown on that certain drawing entitled , "Petaluma Industrial Park, Site Plan" , by the construction of. improvements, including, but not limited to grading, construction of curbs, gutters, and sidewalks , driveway approaches , base course, wearing surface, domestic water- facilities, sanitary sewer facil- ities, fire protection facilities , drainage facilities,- !street signs , street monuments , together with any acquisition of rights- of-way, appurtenant structures , or appurtenances necessary to complete the construction of said extension. of McDowell 'Road. 4 The improvement of all of the streets included within said "Petaluma Industr,iallPark, Unit 1" , by the construction 'of improvement's including, but not limited to grading , curb's , gutters and sidewalks , driveway approaches , base course ,. wearing surface, domestic water facilities, fire protection facilities , sanitary ,sewer facilities, drainage facilities, railroad drill and spur tracks where applicable, street signs , street monuments , and acquisition of rights-of-way, together with any appurtenances or appurtenant, structures necessary to complete . the construction of said streets . 5 . Acquisition of capacity in pre-existing sanitary seiaer system. B'E' IT FURTHER RESOLVED that said improvements to be constructed in the streets , avenues , lanes , roads , courts , places and/or public ways hereinabove described, of the dimensions , materials and in the. particular locations , will be as set forth and shown on the plans and - 2- specifications and detailed. drawings 'hereinafter referred to; together with the, construction of !all appurtenances thereto , including necessary fittings , tren'ching's-, grading and regrading , `excavation and fill, removal of obstructions , lconnectionsi to existing services , back filling, reconstruction of exi'stinIs ground surface as required to conditions existing prior to commencement of construction, all in the manner, of the materials , and to the_ dimensions and to the grades , and in the particular locations as the same will, be .rnors fully shown on the plans and specifications and detailed drawings hereinafter referred to.; That the structures and work and improvements herein described shall be constructed to the grades , sub-grades and elevations severally to be shown upon the plans and profiles and detailed drawings. thereof in the respective locations thereof, which said grades are hereby adopted as the official grades therefor for all purposes in Connection with the proceedings pursuant to this Resolution of Intention. Notice is hereby given that saidl grades may be,, in part , new and different from those heretofore ,existing, or may be different from existing ground levels.. All of said work shall include, without dupiication., 'any and all street intersections , Iterminations and opposite terminations occur ring within the limitations of said work. The attention of all persons is directed to the fact that not l all of said classes of work above described ma y be constructed upon all of the streets and/or public ways above described in their entirety, I I but only upon the particular locations as shown on the plans and, speci- fications hereafter referred to, which said plans and specifications shall govern as to all details with relation to the same . BE IT FURTHER. RESOLVED that the City Council of the City of Petaluma hereby finds that said improvement work is of more than local or ordinary benefit, and therefore said -City Council hereby makes the expenses and costs of said improvement-s chargeable upon a 'district, which said district said City Council hereby declares the district benefited by the improvemeints and, acquisitions herein' described ; said district shall include thatt territory in the City of Petaluma , County of Sonoma, State of California, which i's 'shovn upon that certain map -3-- on file in the office of the City Cleric of the City of Petaluma., and which is entitled and 'describ'ed, "Map Showing .Boundaries or District 'Proposed to: be Assessed for Improvements in Denman Area,, City of Peta- luma, California" , and which said map' indicates by a boundary line the extent of the territory included in the proposed district and covers all details° ;ano the extent of. the area to be assessed; said map is , by this referenda , incorporated herein and made a part hereof; Excepting from the area shown and delineated on said map hereinabove referred to, the area of all public streets , avenues , lanes , roads , drives., courts, places , public parks , and all easements and rights-of-way therein contained belonging. to the public, and also all property owned by the City of Petaluma, the County of Sonoma, the State of California, or the United States of America, contained therein„ now in use in the perfo li ance of a public function, NOTICE IS HEREBY GIVEN that serial bonds to represent unpaid assessments, and bearing !interest at. not .more than six per cent (6%) per annum, shall be issued herein in the manner provided in Division 10 of the Sstreets .and:Highways Code.,. the 'Improvement Bond Act of 1915, the last installment of which shall mature nineteen (19) years from the 2nd day of July next !succeeding ten (10) months from their date . Proceedings for all work shall be taken pursuant to the Municipal Improve- ment Act 'of 1913 , and the bonds hereinabove described shall be issued under the Improvement Boll Act of 1915 , as heretofore described. BE IT FURTHER RESOLVED that, in accordance with the provisions of Sections 10203 and. 10204 of the Streets .and Highways Code , being a part of the Municipal Implovement.. Act of 1913 ,. the matter of the improve= ments and acquisitions herein referred to is hereby referredito WHITLOW,, HOFFMAN & ALBRITTON, Eng"deer of Work, and the persons employed by this City Council for the. purpose of having charge and control of the improve- ments described in this resolution. Said 'JHITLOW , HOFFMAN & ALBRITTON are hereby directed :to make and file with the City Cleric of the City of Petaluma a report in writing containing. the. following: ill -4- a_ Plans and specifications of the proposed improvement if the ;impr:overientlr's: not already installed; b: A general description of the works or appliances already installed and any other property' necessary or convenient for the operation of the improvement, if constructed as part of the improvement; c. 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; d. A diagram showing the assessment district and the bound- aries and dimensions of the subd iwisioas of land within the district as they existed at the time of the passage of the Resolution Of Intention. Each subdivision shall be given a Separate, number upon the 'diagram; F e; A 'proposed assessment of the total amount of the cost and expenses of thelproposed improvements 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. BE IT FURTHER RESOLVED' that if any excess shall be realized from the proceeds of the assessments levied and/or bonds issued to represent the same, said surplus shall be used for the maintenance of the improvement, in ah amount not exceeding $110 ,000.00, and. the balance. of said', surplus;, if any, shall be applied as a credit to each _ assessment levied pursuant to the said provisions of the Municipal Improvement Act of 1913 in proportion to the amount of each of said assessments'. q, I HEREBY CERTIFY that the foregoin'g 'Resolution was duly and regularly adopted by the• City Council of the City of Petaluma) Sonoma Corm ty,. California, at a regular meeting, •thereof, held on the 1st day of February, 1965 , by the, following vote., to wit: AYES : Councilmen Battaglia, Brainerd, Cavanagh, Jr . , Colin,! Ellis , Gans , and Mayor Van Webber. NOES: None ABSENT: None • /s•/ -Lillian Nommsen. LILLIAN -NOMMEEN , 'City erg City of 'Petaluma , Sonoma, County, California' Norman P . Van Webber ' (SEAL) Mayor END' OF QUOTE -5- I HEREBY CERTIFY that the fbregoing Resolution was duly and regularly adopted by the. City Council .of the City of Petaluma,, Sonoma - ; COunty, California, at a regular meeting thereof, held on the 21st day of February, 1966i by the following vote, to wit : AYES : Councilmen CAVANAGBcJR. , COLIN, GANS, LIPMAN, AND MAYOR PUTNAM. NOES : Councilmen NONE. ABSENT: Councilmam BRAINERD. ABSTAIN: COUNCILMAN OERGER. czy, A--- - r '-'LILLIAN NOYMSEN , City Clerk AIMIk City of Petaluma, Sonoma County, alifornia (SEAL). 1111 _ .J AdtJJ Mayor -6-