HomeMy WebLinkAboutResolution 9166 N.C.S. 05/18/1981MAY 1 5 9989
FZ~SOItttl01'1' ~O. 91'66 ~.'~.`~,
of the City° of Pefalurna,, California
Y9
A ~RESOLUTI'QN. OF INTENTION
TO ACQUIRE AND CONSTRUCT I'MPRUVEMENTS
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OAKMEAD^" NORTH-BAY' PARK AS'SES'SMENT' 'DI STRI-CT'
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. RESOLVED, by the,Cty Council of the City o:f Petaluma,
•Cali.forna, as follows:
1. In its opinion the public interest, and convenience require
and~that it is th.e intention of said Council; to order the acquisitions
and mpl ov.ements more pa'rt'icularly d~escr'bed in. Exhibit. "A". hereto
. attache` and' by'reference incorpora ed herein.
2. To the extent that work., rights, improvements or acqui `itions
.ridica.t.ed in the Engineer' s .Report., to b'e made ads pr.ovded herein, are
.shown ~t~ be connecaed to the facilities, wor:ks~.or systems of, or are to
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~be owned., managed and contr-'ol;led by, any pub'lie,;agency other than. this
emit or of an ublic utlt, it is the intention of the City
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G:quncil,Ito en er into an agr;eemernt or agre:e.ments with the public agency
or public" ut i~ty.•or both pursuant to" Chapter, 2 (commenc'ing with.
Secton~.10100) of Division 12. of the Streets ,and Hxighways Code of the •
State olf `Galforn"ia, which agreement or agreement shall provide £or
the ownership by said~ag.eney or'utilty of"such works.-, rights,
impr~ove~ents or acqui :iti.ons; and may provide for the installat.on.gf
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allror,a port:.on ther:eo.f by sad.ag,ency or utility and for. the
pr'ovi,a~irig of service t:o the:; 'prgpe`rties i,n the a•re~a benefit°ing from said
.work,.. r~gh.ts, improvements or acquisitions 'by'" said agency, or 'utl_ity":in
°ac'cordaf ee with its rates, rules and regulat"ions, :and that said •
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agreement or agreements! shall become, effective after proceed~i~ngs have.
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been t-a~llken for the levy o~f the assessments and sale o,f bond's and funds
_ acre ava{i_lable to carry out the terms o,f any such agreement or
a'g-reeme1 is .
- -` I3.~ ~ It is, ~nte`nded by the C:,ty Council of sa°d. City to ~ente,r
i,rirto; a_nl .agree,men.t with the Pacific Gas and E'1ec;tri-.c Company, which
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p. y.said Com_~pany of underground
a,greemfent will provide for- the ownersh-i b
. .- ~~'~ `. .. a.tural gas
d stributionoand serv,i.ceuf:acrlaitdiesetolbe installedsinnsaid project,
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-and ~f_or;~_-the providing of servc,es to the pr'operti,es:, in said area b.y -
a;aid ~'C;ompany in acco.rd'anc.e with its rates, rules ;and regulations, and.
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that said agreement shall become e.f.~fect,v:e after proceedings, have; been
~t'aken for the levy of :the ass'e smen s and sale of bonds and funds'ar'e.
awai able to carry out i'ta terms..
" 4. It is intended by the City Council of sa:d..City to enter
h acific Tele hone and Tele r'a h Com an
into an agreement with t..e P p g p P Y
whichagreement will provide for the ownership by said Company of
unde'rg`round commun'icaton.:fa;c ties to be installed in said project, '
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and for the providing of aervi:ces to the.proper`ties in said .area by
s~°aid Clompany in ac'car-..d'ance with its rates, rules and regulations, and
tha,t~s~aid agreement shall become effective after proceedings have been
t~ak'en for the levy of -tle assessments and sale of bonds and funds are
avala-ble to carry out its germs.
~5. Whenever any public way is herein referred to as running
betweeln awo .public ways,. or from or to any public way, the intersections
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of thei.public ways referred to are included.-to :the .extent that work.
slaal.l be shown on the, p ans to be done therei;n,;.
6.. All of the blocks,, streets and alleys herein mentioned are
:more:plart.cularly shown gn maps of record ri the office of the.County
Recorder of Sonoma County, California, and shall be shown upon the
plans; herein referred to and be filed with the. City Clerk :of- s'aid~ City:.
7: A11 of sa°.d' work and improvements are to be consaructed~`'at
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the .p.l~aces and in the particular locati.ons,, of .the forms, zes~,
~d;mensi,ons and materials, and'-at the lines, grades-.and'eleyations as
shownjand delinea ed' upon the plans, profiles and specifications to be `~~:n
made ti~herefor, as; here~iria-fter :provided,. ~ ~ ` :'
-~ 8. .There is to be excepted from the: work above described any of ;;
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such `or;k ahead done to lime and ra_de and marked exc.ept~:ed or shown = x
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not to be done on said plans; profzles.and' specifications.
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' ~ .9. Notice is hereby given of .the fact 'ghat in many cases said "` _
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work .arid i~mproaements will bring the finished work t.o a grade different ,:,,,
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from that formexly existing, ,and that to said extent said .grades are _
y~. g a,t sa.d work w.l1 be done to s-aid' changed grades.
hereFi. chap ed and th
X10. Said Council does hereby adopt and' establish as the official
gxadeslfor said work the grades and,eleva.tions to be shown upon said.
pl;ans,;!°profiles and. specifcat.oris.. A-11 such g;r;ades and elevations are
~to ;be> .in feet and dec:imalsi,, thereo:f._wth, r..e:ference "t.o the; datum plane of
the C'i~t:y of Petaluma. .
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X11. In cases where there `is any disparity in .level or size
Uetween the improvementsproposed to be made her:en~and private
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property and where it ins more economical to eliminate such disparity by
work on said private pr.oper.ty than by adj~ustmen.t :of the work on public .
proper.;ty, it is hereby determined that it is in the public interest and
more economical to do such: work. on :private pr'ope'rt-y to eliminate such
disparity. In such cases, said work on priv:a~~te property shall, with the ,
written consent of the owner o>f 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 donee.
1.
X12.. The description of the acquisitions and improvements and the
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termnti of. the work contained in this reso'l'ution are general in
rra,ture~.. A11 items of work do not necessarily' extend for the full length
o:f the description thereof.. The-plans and .profiles of -the work, and.
:maps, and descriptions, a eon°t~ained in the Eng.ineer's Report, shall be
coritrohl.ng a°s to th,e correct and detailed description thereof.
X13. Sand contemplated acquisitions and' improvements, in the
opin,.on.of said Council, are of more than.Toca'1 or ordinary pub.l:c
benef°t;,:and the cost and expenses thereof arse made chargeable upon an
assessment di tri:ct., the eater-~ior boundaries o:f which district are the
compos
thereo
1_ne
;shall
~distr
to and consolidated area.. as more particu arly shown on a maps
n
on f a in the :off;ice of the City Clerk; to which reference. is ~.""
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made for further -part'icul.ars. Said map indicates by a boundary `: J:~
e extent of the territory included in the proposed district arid, :~~
overn for all details as to the-extent of the assessment •
t.
4~. Said Council further declares that all public streets, ,~'
s, lanes and alaeys within said assessment district in uae:in
the performance of a public function as such steal-l be omitted from the
asse's`sfinent hereafter to be .made to cover the cost and expenses of said
acqu<sjtions and mpr-.ovements.
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X15. Notice is Hereby given that serial bonds, to represent the
.unpaid assessments, and to bear interest at .the rate of not to exceed
_ ~~ten. pei'ir.c.en,t (10$). ,peer anmum., w.i1:1 b.e, iss•ued .h.e~r;eunder in the man•n,er
' prov,idled in the Improvement :Bond Act of 19:1..5, Division 10 of said
~Stre~etls and Highways Code; the last installment of which bonds sh-all
' mature not to exceed ,'fourteen (14) years frgm the second day of. July
next succeeding ten (10`) months from their date.
. X16. Pursuant to Part 14 of Division 10 of said Street and
Highways Code, said Council intends to covenant f.or the benefit of
bondholders to commence and diligently pros.ecu °e to completion any
.f:orecl~osure action regarding delinquent imsfallments of any assessments
whch.~~secure the .bonds:. to be issued in said proceedings to represent
unpaid, assessments.
7. Pursuant to~Part 16 of Division 10 of said Streets and
Highways Code, said Council intends to incl.ud,e Yn said proceedings an
amoun.tl to create a special reserve fund for the bonds to be issued in.
p g p p ses~sments .
said roceedin s to r.e resent un aid as.
18. Except as. lie~r.err otherwise provided for the issuance of
bonds, all of said acquisitions and improv,emerits shall be made and had
ass provided in the Municipal Improvement. `Act, o:f 191.3, Division 12 of
said Streets and Highways Code.
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'19. Reference is hereby made to proceedings had pursuant ;to
piv-sion 4 of said Streets and Highways Code on file in thee. office o:f
the C ity Clerk .
~20. Said proposed acquisitions and improvements are hereby
refer
emplo
the a
City
drec
wrti
d~to the Engineer of Work.of said City, being a competent person
d by said City for the purpose of having charge and control of.• '
uisition and construction of public improvemen"ts .n and for said;
the kind des;eribed herein, and said Eng.ne.er. of Work a:•hereby'
d to make and file with the City Clerk o-f said Ci"ty a report, in'
pre enting the following:
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~(a) Maps and~descripti,ons of the lands and easements to
{ be acquix`ed
fi(b) Plans and specifications o.f tYie proposed improvements
to be made pursuant to th Resolution of Intention;
~(c) Engineer's statement of the itemized. and total
estimated'cost,and expenses of saidacquisitions and
. improvements ~and~ of~ the incid'enta`l a"xpenses in
~ connect;on tYierewith;
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',(d) Diagram showing the assessment distri.et above
referred to,, and also the boundaries and dimensions
of the respective subdivisions of land within said
~, district as th`e same existed-att the ti-me of the
passage of th°s Re olution of Intention, each of
j which subdviaions.shall be given a separate number
i upon said diagram;
(e) A proposed assess-went of the total amount of the
cost and.e~xpenses of the .proposed acquisitions and
improvements upon the several subdivisions of land
in staid d;str-iet in proportion to the estimated
benefits to b.e'reeeived by such, subdivisions,
respectively, £rom said acquisitions and
improvement,~and of the expenses incidental thereto.
When any portion o-r percentage o.f'the cost and expenses of the
,aequislitions and improvements is to be .paid from sources other than
assessments, the amount of such portion or percentage shall first be
deductled from the total estimated cost and expenses of said acquisitions
and improvements, and said assessment shall incaude only the remainder
of the' estimated cost and expenses. Said assessment shall refer to
s:aid.s~ubdivisions by their. respective number as assigned pur :uant to
subdi'v'ision (d) of this section. .
21. Notice is hereby given that, in the opinion of the Council,
the public interest will not be served by al-lowing the property ,owner s. ¢;~~
t'o take the contract .for the construction o;f the improvements and that, '
pursuant to Section 10502.4: of said Streets and Highways Code,. no notice.,.
of award of comtract hal-1 .lie
published.. •_.
`22. If any excess shall be realized from the: 'assessme:nt, it sha1L,
be used, in such amounts as the Council .may de.t°ermine, , in accordance ~•
~:s
with the provisions of law for one or more of the following purposes: ~;':.,
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(~a) Transfer to the general fund of the Cit,y;; provided
that, the amount of any such transfer sha1;1 not
exceed the-lesser of $1,000 or 5'~`o~f the total
amoun°t :expended from the improvement fund;
(b) As a cr-..:edit upon the assessment aril ariy supplemental.
assessment; provided that such„siurpl:us~ may, if the
City .Council .so determines, also be•applied as a
~ cred`t 't'a the City on account of contr`i'butions made
by it t°owa,r,ds the ~ cost and ;expenses of, the
acquisitions and '.mprovemeri~t=s in the proportion
~ which such con,tribu,tion bears .to the'~total amount of
the asses_smen't'or supplement~a.l assessment prior to
the deduction o:f all such contr"ibutions; or
(,c) For the maintenance of the improvements.
AYES:
NOES: -
ABSENT:
ATTEST:
FORM CA 2 1
U
of_
I hereby cerEify th'e,>foregoing ReaoluEion v6as introduced and adopted by the r.;-,~~
' Council of the ,City of. Petaluma at a ('Regular) (1lZiy6lSijbgd4X~XaSa~I) meeting ~P ed as tots~~ '
on ,Cle ...1~_tkl .......... day of .....MdJ! .......:..... d9.8.~::, by the rm ;.. d
.....
followin voter ~ ~,
K' _ ~ _ ...
Gity ttorney i
Councilmen Perry/Harberson/.Bond/Vice=Mayor Ba,ttagTia/Councilman 'Cavanagh/ ""-°"
Mayor Matte ~ ,_
_Q_ ~ Y °1
~.,,::: s
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...
Coun an Balsh _ -
tarty Clerk ~, ~~qJ~ Ma or •..........•.• ..................
COUNCIL ~51L - + ~ °~ y _ _
eo Res`. No.9166 N . C:`$:, - .
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~••.5'443A-203a
EXHLBIT "A"
a)
Ext
en t
?da c
the
wit
by
tre
pav
gut
mon
exi
fac
sta
req
o f.
'fra
b)
improvement of Cypress Drive, Pine View Way, South McDowell
nsion and Lak:evill:e Highway, alT as shown on•that certain map
tled "Tentative M'ap, Oakmead-North Bay Park", prepared by
ay & Somps, Civil Engineers, dated August,"1980, approved by
Pe aluma Plann;rig Commission on F...ebruary 10,.1981, and on file
the Petaluma P'"lanning Department; and the improvement. thereof.
learing, grubbing., excavation,,, grading, removal of existing
s, shrubs and saruc-cures and~the construction therein of.base,
merit, curbs, gutters, sidewalks, replacement of existing curb,
er, base and pavement, where required:, street signs, street
merits, stri;pirig,.street lighting fac.iliti,es,. relocation of
ting underground or overhead electrical, gas or communication
lities, where, nece sary,, facilities for channeling, merging,
king, turning and controlling traffic in accordance with the
irements of the City of Petaluma a.nd the; California Department
ransportation, sanitary sewer mains, manholes with manhole
es and covers;. cleanouts, wye branches and laterals, where
fired, sewer pump scat°i on, force main and appurtenant facilities
structures, water mains, valves,. tees, fittings, hydrants and
ices, where req.u,ired, relocation of existing water mains,
ants and services., where required, storm drain mains, manholes
manhole frames and covers, catch basins and laterals, where
fired, together. with appurtenances to any or .all of the above.
construction of •storm drain mains, manholes with manhole frames
covers, catch basins and laterals, where 'required, in easements
e acquired, along the southeaster y and southwesterly lines of
Oakmead-North. Bay 'Park f-rom Lakeville H'..ghway to South
well Extens~iori~to;gether with the: widening, deepening and
nsion of existing storm drainage ditches, where required, in
merits to be acquired:.
c) The. construction of sanitary sewer mans,~ma~nholes with manhole
frames and covers, cleanouts, wye branches a~nd~laterals, where
required, along the southwesterly line of•said 0akmead-North Bay
Park starting at Lot 9 and continuing.therice westerly, in an
exi~s ing City easement., 2_,000 feet, more or aess, to an existing 27
inch sanitary sewer main.
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• d ) Landscapirig and irrigation facilities i;ri the; public' right-of-way ~` -~r
i-ncluding replacement of existing landscaping xemoved in the public ,•
right-of-way. ~ •.
e) The acquisition of all lands and easement and the.per,f:orming of ,.
all work aux diary to any of the above and necessary to comp ete
the same. ~~~~
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¢.
J f.
Oakmead=North Bay Park A.D.
3/2',0/81