HomeMy WebLinkAboutResolution 97-156 06/16/1997
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' Resolution No. s7-ISS NC.S.
of the City of Petaluma, California
RESOLUTION OF INTEN"F10N TO ORDER IMPROVEMENT IN
McNEAIt LANDING ASSESSMENT DIST1tICT NO. 25
The City Council of the Ciry of Petaluma resolves:
This Council intends to order the following improvement under the authority of
the Municipal Improvement Act of 19].3:
(a) The acquisition of street grading, pavement base, pavement, curb and gutter,
street lights, traffic striping and signs; walkway grading; pavement base and
pavement; public park grading, landscaping, irrigation and lighting; water
mains. and appurtenances and sanitary sewer mains and appurtenances
constructed and to be constructed in the following locations: street
improvements in South Petaluma Boulevard along the frontage of the
McNear Landing development, .including necessary transitions to existing
pavement at the westerly and easterly-ends'of the frontage; walkway
improvements in the River Walk bordering this development; park
improvements in the park located within this development; and water and
sewer improvements within casements in the private roads within the
McNear Landing development.
(b) The acquisition of capacity rights and a right of service and use in existing
sanitary sewer and domestic water facilities of the City of Petaluma.
(c) The acquisition of all lands and easements and the performing of all work
auxiliary to any of the above and necessary to complete the same.
Phis Council finds that the land specially benefited by the improvement is shown
within the boundaries of the map entitled, "Proposed Boundaries of McNear Landing
Assessment District No. 25, City of Petaluma, County of Sonoma, California." This map
has been approved by the City Council and is now on file with the City Clerk. "fhe land
within the exterior boundaries shown on the map shall be designated McNear Landing
Assessment District No. 25, City of Petaluma, County of Sonoma, California.
This Council intends to levy a special assessment upon the land within the
described district in accordance with the special benefit to be received by each parcel of
land, respectively, from the improvement.
Where any disparity occurs in Icvel or size between the improvement and private
property, this Council determines that it is in the public interest and more economical to
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• eliminate the disparity by doing work on the private property instead of adjusting the
work on public property. Accordingly, work may be done on private property for this
purpose with the written consent of the landowner.
This Gounci4 intends; pursuant to subparagraph (f) of.Section 10204 of the
California Streets and Highways Code„ to provide.foi• an annual assessment upon each of
the parcels of land in tlie.pi-oposed assessment disti•ict.to~pay various cysts and expenses
incurred from time to time by the City,arid-not otherwise reimbursed to the City which
result from the administration and collection of assessment installments or from the
administratlon.or registration ofthe improvement bonds and the various funds and
accounts pertaining thereto.
Bonds representing unpaid assessments, and bearing interest at a rate not to
exceed twelve percent (12%) per annum, will be issued in the manner provided by the
Improvement Bond Act of 1915 (Division 10, Streets and.Highways Code), and the last
installment of the bonds shall mature not to exceed twenty: four (24) years from the
second day of September next succeeding twelve (12) months from their date.
The procedure for the collection of assessments and advance•retirement of bonds
under the Improvement.BOnd Act of 1:915 shall be as provided in Part 11:1, Division 10,
of the Streets and Highways Code of the State of California.
The City will not.obligate itself to advance available funds from the City treasury to
cure any deficiency which may occur in the bond redemptlon fund. A determination not
to obligate itself shall not prevent the City, in its sole discretion,. from so advancing funds.
This Council finds that the Special AssessmenC Investigation, Limitation and Majority
Protest Act of 1931 (commencing with Sectlon 2800, Streets and Highways Code) does not
apply to these proceedings.
This Council appoints Nystrom.Engineer as Engineer of Work for this project, and
directs the preparation of'the, report required by Section 10204 of the Streets and
Highways Code.
If any excess shall 6e realized. from the assessment it shall be used, in such
amounts as the Giry-Council may determine, in accordance with the provisions of law for
one or-more of the following purposes:
(a) Transfer to the general fund of the Ciry, provided. that the amount of any
such transfer shall not exceed the lesser of $1;000 or 5% of the total amount
expended from'the improvement fund;
(b) As;a credit upon the asse"ssment and any supplemental assessment, provided
that such surplus may, if the City Council so determines, also be applied as
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Reso. 97-156' NCS Page 2 of 3
a credit to the City or any local, state or national agency or authority which
shall have made a contribution 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 the deduction of all such contributions;
(c) For the maintenance of the improvements; or
(d) ~ To call bonds, thereby reducing outstanding assessments and subsequent
assessment installments.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the to
Council of the City of Petaluma.at s (Regular) ~t9tl~tstaxo~xEditeiaffi}d meegng
on the ..J..F<Sh...... day of .....s3.4I1~ 19..;32... by the i
following vote: .T
Ci ttomeq
AYES: Stomps, Maguire, Vice Mayor Hamilton, Mayor Hilligoss
NOES: Read, Keller, Torliatt
ABSENT: None ~ n
.
ATTEST: '~..,............:.......G.(~-............._.._......_:._:........_...~
C~ y Clerk Mayor
Ca,mcil File....._.._..._
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