HomeMy WebLinkAboutResolution 9170 N.C.S. 05/18/1981.~:~ -
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Resolution 110. 9170 N. ~. s.
of the City of Petaluma, California
A RESOLUTION OF INTENTION
TO ACQUIRE AND CONSTRUCT IMPROVEMENTS
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~ LAKEVILLE BUSINESS PARK-CADER ASSESSMENT DISTRICT
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RESOLVED, by the City Council of the City of Petaluma,
California, as follows:
1. In its opinion the public interest and convenience require
and that it is the intention of said Council to order the acquisitions
and improvements more particularly described. in Exhibit "A" hereto
attached. and by reference incorporated herein.
2. To the extent that work, rights, improvements or acquisitions
indica~ed in the Engineer's Report, to be made as provided herein, are
shown fo be connected to the facilities, works o,r systems of, or are to
be owned, managed and controlled by, any public agency other than this
entity, or of any public utility, it is the intention of the City
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Council to enter into an agreement or agreements with the public agency
or public utility or both pursuant to Chapter 2.(comrnencing with
Section 10100) of Division 12 of the Streets and Highways Code of the
State if California, which agreement or agreements shall provide for
the owaership by said, agency or utility of such works, rights,
.improvements or acquisitions, and may provide for the installation of
all orla portion tYiereof by said agency or utility and for the
providing of service. to the properties in the area benefiting from said
work, iiglts, improvements or acquisitions by said agency or utility in
accordance with its rates, rules and regulations, and that said
agreement or agreements shall become effective after proceedings have
been tken for the levy of the assessments and sale of bonds and funds
are available to carry out the terms of any such agreement or
agreements.
3. It is intended by the City Council of said City to enter
into.a~ agreement with the Pacific Gas and Electric Company, which
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agreement will provide for the ownership by said Company of underground
electrical power distribution and service facilities and natural gas
distribution and service fac-ilities to be.installed in said project,
and for the providing of services to the properties in said area by
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said Company in accordance with its rates, rules and regulations, and
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that said agreement shah become effective after proceedings have been
taken for the levy. of the assessments and sale of bonds and funds are
available to carry out its terms.
~4. It is intended by the City Council of said City to enter
into an agreement with the Pacific Telephone and Telegraph Company,
which agreement will provide for the ownership by said Company of
underground communication facilities to be installed in said project,
and for the providing of services to the properties in said area by
said Company in accordance with its rates, rules and regulations, and
that said agreement shall become effective after proceedings have been
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taken for the levy of the assessments and sale of bonds and funds are
available to carry out i.ts terms.
5. Whenever any public way is herein referred to as running
between two. public ways, or from or to any public way, the intersections
of thelpublic ways referred to are included to the extent that work
shall be shown on the plates to be done therein.
6. All of the blocks, streets and alleys herein mentioned are.
more particularly shown on maps of record in 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 said City.
7. 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 nd delineated upon the plans, profiles and specifications to be
made therefor, as hereinafter provided.
8. 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.
9. Notice is hereby given of the fact that in many cases said
work an;d improvement s. will bring the finished work to a grade different
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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.
10. Said Council does hereby adopt and establish as the official
grades for said work the grades and elevations to be shown upon said
plans, profiles and specifications. All such grades and elevations are
to be in feet and decimals thereof with reference to the datum plane of
.the City of Petaluma.
11. In cases where there i any disparity in level or size
between the improvements proposed to be made herein and private
property and where it i,s more economical to eliminate such disparity by
work on said private property than by adjustment of the work on public
propery, it is hereby determined that it is in .the public interest and
moire economical to do such work on private property to eliminate such
disparity. In such cases, .said: work on private property shall, 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.
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T2. The description of the acquisitions and improvements and the
termini of the work contained in this resolution are general in
nature. All 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, shall be
controllling as to the correct and detailed description thereof.
i3. Said contemplated acquisitions and improvements, in the
opinion of said Council, are'of more than local or ordinary public
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benefit, and the cost and expenses thereof are made chargeable upon an
assessment district, the exterior boundaries of which district are the
composiite and consolidated area as .more pa-rtieularly shown .on a map
thereof entitled "Proposed Boundaries of Lakeville Business Park-Cadet
Assessment District", on file in the office of the City Clerk to which
"reference is hereby made for further particulars. Said map indicates
by a b ffundary line the extent of the territory included in the proposed
districlt and shall govern for-all details as to the extent of the
assessmlent district.
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(14. Said Council further declares that all public streets,
highways, lanes and alleys within said assessment district in use in
the performance of a public function as such shall be omitted from the
assessment hereafter fo be made to cover the cost and expenses of said
acquisitions and improvements.
15. Notice is hereby given that serial bonds to represent the
unpaid assessments, and to bear interest at the rate. of not to exceed
ten percent (100.) per annum, will be issued hereunder in the manner
providld in the Improvement Bond Act of 1915, Division 10 of said
Streetls and Highways Code, the last installment of which bonds shall
mature not to exceed fourteen (14) years from the second day of July
:next sicceeding ten (10) months from their date.
~16. Pursuant to Part l4 of Division 10 of said Streets and
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Highways Code, said Council intends to covenant for the benefit of
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bondholders to commence and diligently prosecute to completion any
foreclisure action regarding delinquent installments of any assessments
.which 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 include in said proceedings an
amount to create a special reserve fund for the bonds to be issued in
said pioceedings to represent unpaid assessments.
X18. .Except as herein otherwise provided for the issuance of
bonds, all of said acquisitions and improvements shall be made and had
,as prod ded in the Municipal Improvement Act of 1913, Division 12 of
said; Streets and Highways-Code.
19. :Reference is hereby made to proceedings had pursuant to
Division 4 of said Streets and Highways Code on file in the office of
the City Clerk.
i0. Said proposed acquisitions-and improvements are hereby
referred to the Engineer of Work of said City, being a competent person
employld by said City for the purpose of having charge and control of
the acquisition and construction of public improvements in and for said
City of the kind described herein, and said Engineer of Work is hereby
directed to make and file with the City Clerk of said City a report, in
writing, presenting the following:
(a) Maps and descriptions of the lands and easements to
be acquired;'
(b) Plans and specifications of the proposed improvements
to be made pursuant to this Resolution of Intention;
(c) Engineer's statement of the itemized and total
estimated cost and expenses of said acquisitions and
improvements and of the incidental expenses in
. connection therewith;
(d) Diagram show-.ng the assessment district above
. referred to, and also the boundaries and dimensions
of the respective subdivisions of land within said
district as the same existed at the time of the
~ passage of this Resolution of Intention, each of
~ which subdivisions shall be given a separate number
~ upon said diagram;
(e) A proposed assessment of the total amount of the
cost and expenses of the proposed acquisitions and
improvements upon the several subdivisions of land
in said district .in proportion to the estimated
benefits to bE received by such subdivisions,
respectively, from said acquisitions and
improvement, acid of the expenses incidental thereto.
When any portion or percentage of the cost and expenses of the
~- acquisitions and improvements is to be paid from sources other than
assessments, the amount of such portion or percentage shall first be
deductbd from the total estimated cost and expenses of said acquisitions
and improvements, and said assessment shall include only the remainder-
o.f the estimated cost and expenses. Said assessment shall refer to
said subdivisions by their respective number as assigned pursuant to
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subdivision (d) of this section.
21.. Notice is hereby given that, in the opinion of the Council,
the public interest will not be served by allowing the property owners
to takb the contract for the construction of the improvements and that,
pursuabt to Section 10502.4 of said Streets and Highways Code, no notice
of award of contract shall be published.
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22. If any excess shall be realized from the assessment, it shall
be used, in such amounts as the Council may determine, in accordance
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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 50 of the total
~ amount .expended from t'Yie improvement fund;
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(b) As a credit 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 on account of contributions made
by it towards the cost and expenses of the
acquisitions and improvements-in the proportion
which such. contribution bears to the total amount of
the assessment or supplemental assessment prior to
i the deduction of all such contributions; or
c) For the maintenance of the improvements.
Under the power .and authority conferred upon this Council by the Charter of said City
I hereby certify the foregoing Resolution was introduced and' adopted by the
Council of fire City of Petaluma at a (Regular) fCdG)Cxx~E~41 meeting ~P ; veo as to
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on the .-....18th-.-.--•.-• day of .--•--...Ma,Y ........................................ 19g..---• by the
following vote:
•---........Ciry Attorney...-.-.....
AYES: Councilmen Perry/Harberson/Bond/U.ice-Mayor Battaglia/Councilman Cavanagh/
Mayor Matter
NOES: ~-C-
ABSENT: !Gou n Ba
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ATTEST- --- -- -------• - - .- ..... .-:.....:. ... -.. ~
...... ............... ..-- ....---Y-- :....-........-...-..::....-........-.-.....:.-.....-.....----.-:-..........
City Clerk .S~C~,"T ~[~ Ma or
' ~ COUNCIL FIL
;FORM CA 2 t/80 - RES. ~No.
~~71~°6A--286a
EXHIBIT "A"
a) The improvement of South McDowell Boulevard, Riverview Circle (Adobe
CreeklCircle), Cac~er Lane, and Lakeville Highway, all as shown on that
certain map entitled "Tentative Map - Lakeville Business Park", prepared
by MaeKay & Somps, Civil Engineers, dated January, 1981, approved by the
. Petaluma Planning Comm.iss.on on April 14, 198.1, and on file with the
.Petaluma Planning Department., and the improvement of the easterly
extension of South McDowell Boulevard through the Lands of Cader
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(Assessor's Parcel No. 5-;040-3) by clearing, grubbing, excavation,
grading, removal of existing trees,' shrubs and structures, and the
construction therein of base, pavement, curbs, gutters, sidewalks,
replacement of existing curb, gutter, base and pavement, where required,
street signs, street monuments, striping, street lighting facilities,
landscaping, including sprinkler and irrigation facilities, where
required, relocation of existing underground or overhead electrical, gas
and/or communication facilities, where necessary, facilities for
channeling, merging, stacking, turning and controlling traffic in
accordance with the requirements of the City of Petaluma and the
California Department of Transportation, sanitary sewer mains, manholes
wi"th manhole frames and covers, .cleanouts,.wye branches and laterals,
wherelrequired, water mains, valves, tees, fittings, hydrants and
•services, where required, relocation and/or reconstruction of existing
water `mains, hydrants and: services, where required, storm drain mains,
manholes with manhole frames and covers, catch basins and laterals, where
r.equ.red, and duct work for future utility crossings under streets, where
required., together with..ap~urtenances to any or all of the above.
b) The construction of storm drain mains, manholes with manhole frames and
covers,'catch basins and laterals, where required, in easements to be
acquired along the rear and sides of lots requiring such facilities,
together with outfall ditches and the widening, deepening, extension and
landscaping of Adobe Creek, where required, within the proposed
assessment district.
~c) The construction of a bridge over Adobe Creek at its intersection with
. South~McDowell Boulevard together with appurtenances thereto.
d) The.c.onstruction of a paved access road to the Petaluma River dredging
spoil site together with surface and subsurface storm drainage.
facilities, where required, and fencing together with appurtenances
thereto.
e) The construction of a sanitary sewer main; together with manholes with
manhole frames and covers from the existing 27 .inch trunk sewer 3.50 feet,.
more or less, south of the intersection o.f Cader Lane with South McDowell-
. Boulevard running thence northeasterly in Cader Lane 1300 feet, more or
less.
f) The acquisition of a l lands and easements and the performing of all work
auxiliary to any of the above and necessary to complete the same.
Lakeville Bs Pk-fader A.D.
5/°14/81