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HomeMy WebLinkAboutOrdinance 395 N.C.S. 06/20/19557s ORDINANCE NO. 395 N.C.S. 1 INTRODUCED BY COUNCILMAN Milton Gustafson SECONDED BY COUNCILMAN George A. Norwood AN ORDINANCE PROVIDING FOR STREET WORK TO BE KNOWN AS "PROJECT NO. 33 ", CONSISTING OF THE IMPROVEMENT AND RECONSTRUCTION OF THE FOLLOWING .PORTIONS OF STREETS.- (1) HOWARD AND LIBERTY STREETS BETWEEN WESTERN AVENUE AND "A ".'STREET, INCLUDING BASSETT STREET BETWEEN HOWARD AND LIBERTY STREETS, ' (2) .6TH STREET BETWEEN '!A" AND "D" STREETS, AND (3) "B" STREET BETWEEN 4TH AND 6TH STREETS; AUTHORIZING AND PROVIDING THAT CERTAIN PROPERTY OWNERS FRONTING ON SOME OF SAID PORTIONS OF SAID STREETS SHALL PAY.THE COST OF SIDEWALK, CURB: -'AND GUTTER RECONSTRUCTION, AND THAT THE BALANCE OF THE COST OF SAID WORK SHALL BE PAIDTBY THE CITY OF PETALUMA WITH GAS TAX REVENUE.. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF'PETALUMA AS FOLLOWS: Section 1. STREETS TO BE IMPROVED AND RECONSTRUCTED. That the t following portions of streets in this City shall be improved and re- constructed as hereinafter provided, to wit: (1) Howard and Liberty Streets between Western Avenue 1 1 and "A" Street, including Bassett Street Howard and Liberty Streets. (2) 6th Street between "A" and "D" Streets... (3) "B" Street between 4th and '6th Streets. Section 2, APPROVAL OF PLANS AND SPECIFICATIONS. That the work provided for under' this ordinance shall be 'done with the materials; along the course, to the grades and in.the manner shown on those certain plans consisting of three (3) pages entitled, (1) "Project No. 33 - 1 B! St, Reconstr.uction.4th Through 6th,St." dated April 22, 1955; (2) !'Project No. 33 Howard & Liberty Ave. to ''A" Street ". dated-..- May-23, 1955; and (3) "Project No. 33 - 6th St. Reconstruction _'A St....t.o IDQ St." dated May 23, 1955,. and those specifications enti "Specif ications 'Pro,ject No 33 ", which said plans and specifications were prepared and approved by Donald E. Baird, City Engineer, and filed with the City Clerk on the.23rd day.of May, 1955; which said plans and specifications are hereby approved and adopted for the work required under this ordinance. 1 . 7� Section 3. REMOVAL OF TREES. Only the following three (3) Sq`.Ft. Dr.Way @ $.70 ,trees shall be removed under and as a part of said project, as shown .32 on the plans., to wit: $249.90 "B" Line - Southerly (1) The tree in front of the property of Alma Johnson located on the south side of 6th Street at approx- "B" Line - Southerly -- imately Station 11 + 90. 135:50 Emma Tietze 1 +86.2 to 2 +37.75 (2) The tree in front of the property of C. P. and Frances "B" Line- Southerly -- DeCarli..located on the south side of 6th Street at 2 +37.75 to 2 +88 approximately Station 13.- +.6 Branger "B" Line- Southerly (3) The tree in front of the property of C. P. and Frances DeCarli located on the south side of 6th'Street at approximately Station 14 + 5. No other trees along the portions of streets described in this ordinance shall be removed and the work of reconstruction of said sidewalks, curbs and gutters shall be done in such a manner as to�''� permit such other trees than those specifically described in this section to remain. Section 4. COST OF SIDEWALK, CURB AND GUTTER TO BE PA'ID FOR BY PROPERTY OWNERS. That pursuant to voluntary offers and contri butions made by the owners of property fronting along said improve- ment work authorized by this ordinance, the cost -of the portion of said work consisting of sidewalk, curb and gutter reconstructi-ori- shall be charged against said property owners and paid from said contributions as follows: Name Station Limits As Per Plan Sq.Ft. S/W @$.45 Sq`.Ft. Dr.Way @ $.70 Lin.Ft. C & G @ $2.50 Total`° Esti- mated Cost and Deposit Required Hanna Hobbie 0 +50 to 1 +4 -- .32 91 $249.90 "B" Line - Southerly Wm. & Alma 1 +41 to 1 +86.25 Smith "B" Line - Southerly -- 3 45 .25 135:50 Emma Tietze 1 +86.2 to 2 +37.75 "B" Line- Southerly -- 32 5 1. 5 1 5'i.-15' Phillip & Raymonde 2 +37.75 to 2 +88 Branger "B" Line- Southerly 30 -- 50.25 139'.13 2. 3• 77 Total Esti- Sq.Ft. Sq.Ft. Lin.Ft. mated Cost Station Limits S/W Dr. Way C &'G and Deposit Name As Per Plan @ $.45 @ $.70 @ $2.50 Required P.A.Van Bebber 3 +48 to 4 +00 "B" Line- Southerly 60 -- 52 $157.00 Ruth Caulfield 4 +00 to +49 "B ".Line- Southerly -- -- 49 122.50 iggo & Martha 4 +49 to 5 +49 Nissen "B" Line - Southerly 150 40 100 345.5o Hall Weston 5 +49 to 6 +49.2 "B" Line - Southerly -- -- 100.2 250.50 Lucy Drees 0 +00 to 1 +33.2 Line - northerly 22 154 -- 117.70 Lydia Respini 6 +57.83 to 7 +52.8.3 : - '- "A" Line- no.r- therly 9'S 7 '23750r' I,zadore &;;;Sarah 7+52_.'83 to,,8't02. 13 Weinberg "A" Line- Northerly -- -- 49.3 123.25 Eva Packard 8 +02.13 to ±52.13 "A" Line- Northerly -- 36 50 150.00 Evangelical Free 8 +52.13 to 8 +92.23 Church "A" Line - Northerly -- -- 40 100.00 Frank Nauert' 11 +23 to 1.1 +73 "A" Line- Southerly -- -- 71 177.50 Alma Johnson 11 +73 to 12 +23 "A" Line- Southerly 45 -- 50 145.25 len - riettd - 12 +23 to 12-73 Ravenscroft- "A" Line- Southerly 9:0 30 50.2 187.00 Veryl Lauritzen 12 +73 A-0 -13 +23 :.:. "A Line -;-Southerly -_ 36 50 150'.20 ., .... John b Colleen 13 +23 to 13 +73 McChesne ­' " A " Line Southerly 45 40 50 173•25 C.P. & Frances 13 +73 to 14 +23 DeCarli "A" Line- Southerly 80 -- 50 161.00 James &Diana 12 +48.13.to 13 +1.13 Anderson "A" Line - Northerly 262.5 35 52.13 273.38 Peter & Vina 15 +3`9.13 to 15 +89.13 Jepsen "A Line= Northerly -- -- 50 125,.00 Mabel Beck 15 +89.13 to,.16 ±39.38 "A' line- Northerly 25 .36 50.25 162.08 Angelina Madsen 16 +39 .,3.8 to .16 ±,90.38 '!A" Line - Northerly, 24.5 45 51 269.25. uise K. Schwiem 1 +00 to 14-50_. ttBI' St.- Easterly 380 95 50 362.50 Victoria. Madsen 1 +50 to. 2 +00 r 'B" St.- Easterly. -- 78 -- 54.60 Lucinda Armstrong 2 +00 to 2 +32.7 "B" St. Easterly -- 48 -- 33.60, 3• FM Total Esti- Sq.Ft. Sq.Ft. Lin.Ft. mated Cost Station Limits S/W Dr.Way= C & G and Deposit Name As Per Plan @ $, @ $, 70 @ $ 2.50 Required Hazel Lewis 2 +32.7 to 3 +02.7 "B" St.- Easterly -- ®- 70 $175.00 Maude Studdert 13 +62.13 to 14 +23,13 "A" Line- Northerly 80 -- 61 188.50 Maude Studdert X14 +89.13 to 15 +39.13 "A" Line- Northerly -- ®- 50 125, Section .5. BALANCE OF STREET WORK TO BE PAID FOR FROM GAS TAX REVENUE. The City of Petaluma shall pay for the remaining cost of said work not paid for by contributions under Section 4 hereof, which said remaining cost shall be charged against and paid from the Special Gas Street Improvement Fund. Section 6. WORK TO BE DONE BY CONTRACT. That all of the mat- erials, equipment, services and supplies required under this ordinance .shall be furnished and performed by contract awarded to the lowest responsible bidder after advertising in the form, manner and for the period required by the City Charter. Secti6n'7. CITY ENGINEER TO SOLICIT FUNDS. The City Engi- neer is authorized to solicit said property owners mentioned and referred to in Section 4 of this ordinance and secure from them written offers and agreements to pay the costs of said portions of such improvement work described therein together with cash deposits In the respective amount -s' shown therein as the estimated cost of doing said work, which sum shall be deposited in the Contingency Fund of this City. When all of said property owners have signed and filed with the City Engineer said offers and agreements to pay for said portions of said work and have deposited said sums esti- mated to cover the cost of said respective portions of said work, the City Clerk shall'thereupon'proceed to advertise for bids for said work in the manner provided by said Charter. Section 8., PROCEDURE WHERE COST IS LESS THAN ESTIMATES. If, after the bids for said improvement work have been opened and the Council shall have determined the lowest responsible bid, it shall appear that the cost of the work agreed to be paid for by 4. 1 1 �9 said property owners, as determined by the unit prices contained in'said bid, will not exceed the amounts estimated, in Section 4 ­,,.of this ordinance, the Council shall proceed.to� award -the contract to said successful bidder, and cause the improvement work to be completed in accordance with said plans and specifications. Section 9 o PROCEDURE WHERE COST OF.WORK IS IN EXCESS OF ESTIMATES. If, after the bids for said improvement work have been opened and the Council shall have determined the lowest responsible bid, it shall appear that the cost of the work agreed to be paid for by'any of the property owners, as determined by the unit prices contained in said bid, will exceed the amount estimated for any of saia'property owners in Section 4 %'of this ordinance, the Engineer shall endeavor to secure a further written offer and agreement by such property owner or owners to pay the additional amount to cover the portion of work to be paid for by said owner or owners, and the additional deposit or deposits therefor. If and when said additional offers, agreements and deposits have been secured from all such property owners, and the Council shall also determine that said work shall be done, it shall proceed to award the contract to said successful bidder, and cause the improvement work to be completed'in accordance w ih�said plans and specifications. section i0. PROCEDURE FOR ELIMINATION OF PART OF WORK. If, after the bids for said improvement work have been opened and the Council shall have determined the lowest responsible bid, it shall appear that the cost of the work agreed to be paid for by any of said property owners in Section 4 of this ordinance, as determined by the unit prices contained in said bid, will exceed the amount estimated for any of said property owners in Section 4 of this ordinance, and some of such property owners refuse to furnish written "O'ffers and agreements and deposits to cover the additional cost of the work to be paid for by sa'id or owners, the Council may, by resolution, determine to eliminate all the side - walk,'curb and gutter work in front of the property owner or owners so refusing, and proceed to award a contract to said successful 50 bidder for the remainder of the work covered by this ordinance, after eliminating therefrom the sidewalk and /or curb and /or gutter work in front of the property of the owner or owners who have refused to pay the entire cost of such work in front of their pro- perty; or the Council may determine to reject all bids for said work. Deposits shall be repaid to any property owner upon the elimination of the work to be done in front of his property, and all of said deposits shall be returned in the event the Council determines to reject all bids and abandon project.. Section lle. REFUND OF EXCESS OF CONTRIBUTIONS OVER COST. In the event the*cost of said work required to be paid for by any of said property owners, amounts to less than the amount deposited by such property owner or owners hereunder after the completion of said improvement work and the payment of all costs therefor, such excess remaining on deposit for such owner or owners shall be refunded to him. Section 12. DETERMINATION OF EMERGENCY. This ordinance is' necessary for the preservation of the public peace, health and safety of the City of Petaluma for the reason that said work to be performed hereunder is necessary in order to correct the condition extremely hazardous to traffic along the course of said work.' For said reasons, this ordinance shall go into effect upon its adoption by unanimous vote of members present at the time of adoption. Ordered posted this 6th day of June, 1955• AYES: Councilmen Adams; Bigelow, Brown, Gustafson, Norwood,, Schwobeda and Mayor Schoeningh ° NOES: None. EFFECTIVE DATE: June 20, 1955. ABSENT° None. Signed Vincent J. Schoeningh Mayor Attest: -- Gladys Re Wallin City Clerk I I 9 F1 1 1 I:hereby certify that the within ordinance was posted in one public place in the City of Petaluma, to -wit: In front of the City Hal-l' on the 8th day of June, 1955. I hereby certify that the whole number of`members of the Council of the City of Petaluma is seven, and that the foregoing ordinance was passed by the Council at its °meeting `of the 20th day of June, 1955, by the following vote, to-wit: AYES: Councilmen Adams, Bigelow,'Brown, Gustafson, Norwood.and Schwobeda. NOES: None. ABSENT.: Mayor eningp. ATT-E5T : G ��n (SEAL)_ lty: Clerk The foregoing Ordinance Number 395 N.C.S., having been regularly passed and. presented to me this 20th day of June, is hereby approved by me this 20th day of June, 1955. EFFECTIVE DATE-: June 20, 1955. 1955 � �C Mayor .