HomeMy WebLinkAboutOrdinance 2241 N.C.S. 05/15/2006 EFFECTIVE DATE ORDINANCE NO. 2241 N.C.S.
OF ORDINANCE
June 15, 2006
1 Introduced by Seconded by
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4 Pamela Torliatt Karen Nau
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11 AN ORDINANCE' OF THE COUNCIL OF THE CITY OF PETALUMA AMENDING PETALUMA
12 MUNICIPAL CODE CHAPTER 4.40, "THE CITY OF PETALUMA SPECIAL TAX PROCEDURE
13 CODE," TO AMEND THE DEFINITION OF SERVICES AND PROVIDE FOR CERTAIN OTHER
14 PROVISIONS RELATING TO THE FINANCING OF SERVICES
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16 THE CITY COUNCIL OF THE CITY OF PETALUMA DOES ORDAIN AS FOLLOWS:
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18 Section 1. Recitals.
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20 The City of Petaluma (the "City") is a municipal corporation and charter city duly
21 organized and existing under a charter pursuant to which the City has the right and power to
22 make and enforce all laws and regulations in respect to municipal affairs and certain other
23 matters in accordance with and as more particularly provided in Sections 3, 5, and 7 of Article XI
24 of the Constitution of the State of California and the Charter of the City the "Charter"); and
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26 On August 20, 2001, the City Council of the City acting under and pursuant to the powers
27 reserved to the City under Sections 3, 5, and 7 of Article XI of the Constitution of the State of
28 California and the Charter, found that the public interest and necessity required the adoption of
29 a procedural ordinance establishing certain procedures relating to the financing of specified
30 maintenance and maintenance services, and adopted Ordinance No. 21 19 N.C.S, adding
31 Chapter 4.40 to the Petaluma Municipal Code, "The City of Petaluma Special Tax Procedure
32 Code."
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Ordinance No. 2241 N.C.S. Page 1
1 The City Council of the City now desires to amend the definition of "services" set forth in
2 Section 4.40.170 and to provide for certain additional provisions relating to the financing of
3 services.
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5 Section 2. Amendment. Petaluma Municipal Code Section 4.40.170(C) is hereby amended to
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8 4.40.170 Definitions.
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10 C. Under this chapter, "services" shall include (i) operation (including, but not limited
11 to, the provision of utilities, the hiring of personnel by contract or otherwise and
12 the funding of reasonable reserves), maintenance, cleaning, repair, replacement
13 or removal of any improvements that can be financed under this chapter or the
14 Mello-Roos Community Facilities Act of 1982 (the "Act") and (ii) to the extent not
15 included in the preceding clause (i), the operation, maintenance, cleaning,
16 repair, replacement or removal of any improvement, providing for the life, growth
17 health and beauty of landscaping, including cultivation, irrigation, trimming,
18 spraying, fertilizing or treating for disease or injury, removal of debris, rubbish,
19 trimmings, or other solid waste, cleaning, sandblasting and painting of walls or
20 other facilities to remove graffiti, whether or not benefit assessments are utilized,
21 any of which items may be necessary and/or convenient for the care and
22 preservation of the facilities described in Subsection (a) above, including, without
23 limitation, any related studies, testing, monitoring, weed abatement, riparian
24 habitat restoration and/or preservation, dredging, desiltation and the removal of
25 or remedial action for the cleanup of any hazardous substance released or
26 threatened to be released into the environment in or near any improvement and
27 the furnishing of electric current or energy, gas, or other illuminating agent for any
28 lighting facilities or for the lighting or operation of any other facilities and water for
29 irrigation of any landscaping, water features or the maintenance of any other
30 improvements.
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32 Section 3. Amendment. The City of Petaluma Special Tax Procedure Code is hereby amended
33 to add a new Section 4.40.175, as follows:
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Ordinance No. 2241 N.C.S. Page 2
1 4.40.175 Financing of Services.
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3 It is hereby specifically provided that in proceedings under this chapter for maintenance
4 and/or services, the following shall not apply:
5 A. The final paragraph of Section 53313 of the Act.
6 B. The limitations set forth in the third and fourth sentences of Section 53313(c) of the
7 Act.
8 C. The second sentence of section 53339.3(d) of the Act.
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10 Section 4. Amendment. Petaluma Municipal Code Section 4.40.210 is hereby amended to read
11 as follows:
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13 4.40.210 Limitation of Actions.
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15 The validity of any special tax levied under this Code shall not be contested in any action
16 or proceedings unless the action or proceeding is commenced within 30 days after effective
17 date of any ordinance or resolution providing for the levy of such special tax. Thereafter, a
18 special tax may be contested only for the purpose of challenging the accuracy of computation
19 of the special tax. Any appeal from a final judgment in the action or proceeding shall be
20 perfected within 30 days after the entry of judgment.
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22 Section 5. Amendment. Petaluma Municipal Code Secfion 4.40.290 is hereby amended to read
23 as follows:
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25 4.40.290 Refunding Bonds; Use of Savings.
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27 Bonds may be issued hereunder to refund any outstanding special tax bonds, whether
28 fixed lien bonds or any other improvement or special tax bonds, including ad valorem
29 assessment or revenue bonds. Any savings achieved through the issuance of refunding bonds
30 may be used by the City in any manner that it determines to be in the best financial interests of
31 the City.
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33 Section 6. Severability. If any section, subsection, sentence, clause or phrase or word of this
34 ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
35 of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
Ordinance No. 2241 N.C.S. Page 3
1 this ordinance. The City Council of the City of Petaluma hereby declares that it would have
2 passed and adopted this ordinance and each and all provisions thereof irrespective of the fact
3 that any one or more of said provisions be declared unconstitutional, unlawful or otherwise
4 invalid.
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6 Section 7. Effective Date. This ordinance shall become effective thirty (30) days after the date of
7 its adoption by the Petaluma City Council.
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9 Section 8. Posting. The City Clerk is hereby directed to post this ordinance for the period and in
10 the manner required by the City Charter.
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13 INTRODUCED and ordered posted/wed this 1St day of May, 2006.
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15 ADOPTED this 15t" day of May, 2006 by the following vote:
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19 AYES: Vice Mayor Canevaro, Harris, Healy,, Nau, O'Brien, Torliatt
20 NOES: None
21 ABSENT: Mayor Glass
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26 ei Can ,Vice Mayor
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28 ATTEST: APPROVED AS TO FORM:
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32 Claire Cooper, City Clerk Eric W. Danly, City Att rney
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