HomeMy WebLinkAboutResolution 97-286 10/20/1997 Resolution No. 97-zs6 NC.S.
of the City of Petaluma, California
RESOLUTION APPROVING REPORT AND ASSESSMEN"l'
AND ORDERING IMPROVEMENT
McNEAR LANDING ASSESSME'N'T' DISTRICT' NO. 25
The City Council of the City of Petaluma resolves:
'T'his Council has taken a series of actions preliminary to ordering the improvement
in McNear Landing Assessment District No. 25, City of Petaluma, County of Sonoma,
California, and now makes the following findings and orders:
1. 'T'he Council adopted a map showing the boundaries of the land benefited by
the proposed improvement. A copy of the boundary map was filed in the office of the
County Recorder of the County of Sonoma in the Book of Maps of Assessment and
Community Facilities Districts.
2. The Council adopted its Resolution of Intention to order the improvement
described therein under the Municipal Improvement Act of 1913, and directed Nystrom
Engineering, as the Engineer of Work for the assessment district, to prepare the report
required by Section 10204 of the Streets and Highways Code. Said resolution was later
amended.
The improvement is generally described as follows:
(a) The acquisition of street grading, pavement base, pavement, curb and gutter,
street lights, traffic striping and signs and traffic signal; 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 all lands and easements and the performing of all work
auxiliary to any of the above and necessary to complete the same.
3. The Engineer of Work filed the report as directed.
97-286 Page 1 of 3
Nes. Na N.QS,
' 4. The owner of all land within the assessment district has filed with the Ciry
Clerk a petition for the improvements, including a waiver of requirements of notice and
hearing pursuant to the Special Assessment Investlgatlon, Limitation and Majority Protest
Act of 1931,. the Municipal Improvement Act of 1913, the Ralph M. Brown Act and Article
XIIID of the California Constitution. The owner has given written consent to approval of
the report of the Engineer of Work and has submitted a ballot in favor of the proposed
assessment as provided in Article XIIID.
5. The Council finds that written protests against the. proposed improvement
have not been made by owners representing more than one-half of the area of the land to
be assessed for the improvement.
The City Council further finds that amail-ballot election on the question of
the proposed assessment was conducted in accordance with Article XIIID of the California
Constitution, and that the ballots marked and returned do not constitute a majority protest
as defined therein.
6. The documents and events described in paragraphs 1 to 4, inclusive, are
stated here in tabular form, with their dates and, where appropriate, their numbers. All
documents are now on file with the City Clerk.
Document or Event Date Number
a. Petition 6/16/97 = _ _ _
b. Resolution approving boundary map 6/16/97 97-154 N.C.S.
c. Boundary map filed with
County Recorder 6/24/97 = _ _ _
d. Resolution of Intention 6/16/97 97-156 N.C.S.
e. Public Hearing conducted 10/6/97 = _ _ _
f. Resolution Amending Resolution of
Intention No. 97-156 N.C.S. 10/6/97
g. Ballot 10/6/97 = _ _ _
h. Filing of Engineer's Report 10/6/97 = _ _ _
i. Resolution accepting Report 10/6/97
7. The Council approves the Engineer's Report and each component part. of it,
including each exhibit incorporated by reference in the report.
8. The Council finds that the Engineer of Work in the Engineer's Report has
fairly and properly apportioned the cost of the. improvement to each parcel of land in the
assessment district in proportion to the estimated .benefits to be received by each parcel,
respectively, from the. improvement. The City Council hereby confirms and levies each
individual assessment as stated in the Engineer's Report:
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Reso. 97-286 NCS Page 2 of 3
' 9. This Ciry Council orders the improvement described. in paragraph 2 and as
detailed in the Engineer's Report.
10. 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 1Q 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.
11. According to Section 10603 of the Streets and Highways Code, the Ciry
Council designates the Finance llirector/Treasurer to collect and receive payment of the
assessments.
12. On the basis of the evidence on file with the City Clerk, the total amount of
the assessment as shown on the Report does not exceed 75% of the market value of the
properties assessed for the cost of the improvements.
Under the power and authority conferred upon thia Council bythe Charter of said City.
REFERENCE: I hereby certify the foregoing ReeoluHon was intraluced end adopted by the Approved as to
Council of the City of Petaluma eta (Regular) (ACI;pOame~)cx8) meeting form
on the ...2Ath........--.. day of ...........O.C.fobs.[ 199.Y..., by the ~9
following vote:
,ty Attorney
AYES: Read, Keller, Stomps, 117aguire, Vice Mayor Hamilton, Mayor Hilligoss
NOES: Torliatt
e ~ 4~
ATTEST: .Non~y(/ (4S `~~!2,.!~1r~.`.._ 4 X~
City Clerk Mayor
Qouncil Fib...._-._._..._
ca io~as Res, No.„,_..__9~-286.. m.cs_ Page 3 of 3