HomeMy WebLinkAboutOrdinance 2646 N.C.S. 04/16/2018EFFECTIVE DATE
OF ORDINANCE
May 16, 2018
Introduced by
Teresa Barrett
ORDINANCE NO. 2646 N.C.S.
Seconded by
Kathy Miller
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA APPROVING PURCHASE
AND SALE AGREEMENT BETWEEN WILLIAM R. NELSON, DARREL S. NELSON, WILLIAM E.
NELSON, MARTHA SUE DAVIS, ROBERT L. NELSON, AND HAROLD SILEN, THE TRUSTEE OF THE
SILEN FAMILY TRUST, AND THE CITY OF PETALUMA REGARDING REAL PROPERTY
COMMONLY KNOWN AS LOT 33 INDUSTRIAL AVENUE, (APN 007-412-033) AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ALL OTHER
DOCUMENTS NECESSARY TO COMPLETE THE PURCHASE AND SALE
WHEREAS, Section 46 of the Charter of the City of Petaluma requires that actions for the
acquisition, sale, or lease of real property be taken by Ordinance except for such actions
involving sums less than $3,000 or actions pursuant to general state law; and
WHEREAS, pursuant to Resolution 2017-126 N.C.S., the City of Petaluma (City) entered into
a funding agreement with the Sonoma County Water Agency (SCWA) for the Petaluma River
Flood Management Denman Reach Phase 4 Project, which included funding for the acquisition
of certain property commonly known as Lot 33 Industrial Avenue, County of Sonoma Assessor's
Parcel No. 007-412-033 (the Property); and
WHEREAS, the funding agreement with the Sonoma County Water Agency provides
funding in the amount of $2,634,624, for the Petaluma River Flood Management Denman Reach
Phase 4 project, which includes acquisition of the Property; and
WHEREAS, the City has negotiated a purchase and sale agreement between the City
and William R. Nelson, Darrel S. Nelson, William E. Nelson, Martha Sue Davis, Robert L. Nelson, and
Harold Silen, Trustee of the Silen Family Trust, owners of the property, in the amount of $1,000,000,
a copy of which is attached as Exhibit A and incorporated herein by reference; and
WHEREAS, this action was found in compliance with the California Environmental Quality
Act pursuant to Title 14, Chapter 3 of the California Code of Regulations (CEQA Guidelines),
through the completion and filing of a Notice of Determination on March 1, 2012, for the
acquisition portion of this project with a Mitigated Negative Declaration.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PETALUMA AS FOLLOWS:
Section 1: The City Council approves the purchase and sale agreement
(Agreement) between the City of Petaluma and William R. Nelson, Darrel S. Nelson, William E.
Ordinance No. 2646 N.C.S. Page 1
1 Nelson, Martha Sue Davis, Robert L. Nelson, and Harold Silen, Trustees of the Silen Family Trust, in
2 the amount of $1,000,000, a copy of which is attached as Exhibit A and incorporated herein as
3 reference.
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5 Section 2: The City Manager is authorized and directed to execute the Agreement
6 and all other documents reasonably necessary to complete the purchase and sale, according
7 to the terms of the Agreement.
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9 Section 3: If any section, subsection, sentence, clause, phrase or work of this
10 Ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
11 of competent jurisdiction or preempted by State legislation, such decision or legislation shall not
12 affect the validity of the remaining portions of this Ordinance. The City Council of the City of
13 Petaluma hereby declares that it would have passed and adopted this Ordinance and each
14 and all provisions thereof irrespective of the fact that any one or more of said provisions be
15 declared unconstitutional, unlawful other otherwise invalid.
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17 Section 4: This Ordinance shall become effective thirty (30) days after the date of its
18 adoption by the Petaluma City Council.
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20 Section 5: The City Clerk is hereby directed to publish or post this Ordinance or a
21 synopsis for the period and in the manner provided by the City Charter and any other
22 applicable law.
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24 INTRODUCED, and ordered posted/wed, this 2nd day of April 2018.
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26 ADOPTED this 16th day of April 2018, by the following vote:
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28 Ayes: Albertson, Barrett, Mayor Glass, Vice Mayor Healy, Kearney, Miller
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Noes:
None
Abstain:
None
Absent:
King
ATTEST:
avid Glass, Mayor
APPROVED AS/TO FORM:
Claire Cooper, City Clerk ' Eric Danly, City A
Ordinance No. 2646 N.C.S.
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