HomeMy WebLinkAboutOrdinance 2241 N.C.S. 05/15/20061
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EFFECTIVE DATE
OF ORDINANCE
June 15, 2006
Introduced by
Pamela Torliatt
ORDINANCE NO. 2241 N.C.S.
Seconded by
Karen Nau
AN ORDINANCEOF THE COUNCIL OF THE CITY OF PETALUMA AMENDING PETALUMA
MUNICIPAL CODE CHAPTER 4.40, "THE CITY OF PETALUMA SPECIAL TAX PROCEDURE
CODE," TO AMEND THE DEFINITION OF SERVICES AND PROVIDE FOR CERTAIN OTHER
PROVISIONS RELATING TO THE FINANCING OF SERVICES
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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The City of Petaluma (the "City") is a municipal corporation and charter city duly
organized and existing under a charter pursuant to which the City has the right and power to
make and enforce all laws and regulations in respect to municipal affairs and certain other
matters in accordance with and as more particularly provided in Sections 3, 5, and 7 of Article XI
of the Constitution of the State of California and the Charter of the City (the "Charter"); and
On August 20, 2001, the City Council of the City acting under and pursuant to the powers
reserved to the City under Sections 3, 5, and 7 of Article XI of the Constitution of the State of
California and the Charter, found that the public interest and necessity required the adoption of
a procedural ordinance establishing certain procedures relating to the financing of specified
maintenance and maintenance services, and adopted Ordinance No. 2119 N.C.S, adding
Chapter 4.40 to the Petaluma Municipal Code, "The City of Petaluma Special Tax Procedure
Code."
Ordinance No. 2241 N.C.S.
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The City Council of the City now desires to amend the definition of "services" set forth in
Section 4.40.170 and to provide for certain additional provisions relating to the financing of
services.
Section 2. Amendment. Petaluma Municipal Code Section 4.40.170(C) is hereby amended to
read as follows:
4.40.170 Definitions.
C. Under this chapter, "services" shall include (i) operation (including, but not limited
to, the provision of utilities, the hiring of personnel by contract or otherwise and
the funding of reasonable reserves), maintenance, cleaning, repair, replacement
or removal of any improvements that can be financed under this chapter or the
Mello -Roos Community Facilities Act of 1982 (the "Act") and (ii) to the extent not
included in the preceding clause (i), the operation, maintenance, cleaning,
repair, replacement or removal of any improvement, providing for the life, growth
health and beauty of landscaping, including cultivation, irrigation, trimming,
spraying, fertilizing or treating for disease or injury, removal of debris, rubbish,
trimmings, or other solid waste, cleaning, sandblasting and painting of walls or
other facilities to remove graffiti, whether or not benefit assessments are utilized,
any of which items may be necessary and/or convenient for the care and
preservation of the facilities described in Subsection (a) above, including, without
limitation, any related studies, testing, monitoring, weed abatement, riparian
habitat restoration and/or preservation, dredging, desiltation and the removal of
or remedial action for the cleanup of any hazardous substance released or
threatened to be released into the environment in or near any improvement and
the furnishing of electric current or energy, gas, or other illuminating agent for any
lighting facilities or for the lighting or operation of any other facilities and water for
irrigation of any landscaping, water features or the maintenance of any other
improvements.
Section 3. Amendment. The City of Petaluma Special Tax Procedure Code is hereby amended
to add a new Section 4.40.175, as follows:
Ordinance No. 2241 N.C.S.
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4.40.175 Financing of Services.
It is hereby specifically provided that in proceedings under this chapter for maintenance
and/or services, the following shall not apply:
A. The final paragraph of Section 53313 of the Act.
B. The limitations set forth in the third and fourth sentences of Section 53313(c) of the
Act.
C. The second sentence of section 53339.3(d) of the Act.
Section 4. Amendment. Petaluma Municipal Code Section 4.40.210 is hereby amended to read
as follows:
4.40.210 Limitation of Actions.
The validity of any special tax levied under this Code shall not be contested in any action
or proceedings unless the action or proceeding is commenced within 30 days after effective
date of any ordinance or resolution providing for the levy of such special tax. Thereafter, a
special tax may be contested only for the purpose of challenging the accuracy of computation
of the special tax. Any appeal from a final judgment in the action or proceeding shall be
perfected within 30 days after the entry of judgment.
Section 5. Amendment. Petaluma Municipal Code Section 4.40.290 is hereby amended to read
as follows:
4.40.290 Refunding Bonds; Use of Savings.
Bonds may be issued hereunder to refund any outstanding special tax bonds, whether
fixed lien bonds or any other improvement or special tax bonds, including ad valorem
assessment or revenue bonds. Any savings achieved through the issuance of refunding bonds
may be used by the City in any manner that it determines to be in the best financial interests of
the City.
Section 6. Severability. If any section, subsection, sentence, clause or phrase or word of this
ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
Ordinance No. 2241 N.C.S. Page 3
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this ordinance. The City Council of the City of Petaluma hereby declares that it would have
passed and adopted this ordinance and each and all provisions thereof irrespective of the fact
that any one or more of said provisions be declared unconstitutional, unlawful or otherwise
invalid.
Section 7. Effective Date. This ordinance shall become effective thirty (30) days after the date of
its adoption by the Petaluma City Council.
Section 8. Posting. The City Clerk is hereby directed to post this ordinance for the period and in
the manner required by the City Charter.
INTRODUCED and ordered posted/wed this 1 st day of May, 2006.
ADOPTED this 15t" day of May, 2006 by the following vote:
AYES: Vice Mayor Canevaro, Harris, Healy, Nau, O'Brien, Torliatt
NOES: None
ABSENT: Mayor Glass
ATTEST:
Claire Cooper, City Clerk
APPROVED AS TO FORM:
(2,
Eric W. Danly, City Att rney
Ordinance No. 2241 N.C.S.
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