HomeMy WebLinkAboutResolution 95-224 08/21/1995 ` Resolution No. ss-zza N.C.S.
' ' of the City of Petaluma, California
RESOT.UTTON OF INTENTION 'I'O ORDER IMPROVEMEN"I' IN
ASSESSML'N'f DISTIt1C'I" NO. 24
LAI{EVILLL HIGHWAY ROAD TMPROVEMF:N"fS
"I'he City Council of the City of Petaluma resolves:
This Council intends to order the following improvement under the
authority of the Municipal Improvement Act of 1.913:
The improvement of Lakeville Highway from Caulfield lane to a point
approximately 0.2 milts east of Frates Road by the installation of four travel lanes;
Icft turn lanes, traffic signalization, median landscaping and all other appurtenant
work; together with the payment of all incidental expenses and the acquisition of all
necessary interests in real property.
This Council finds that the land specially benefited by the improvement is
shown within the boundaries of the map entitled, "Boundary Map, City of Petaluma,
Lakeville Highway Assessment District No. 24, County of Sonoma, California." This map
has been approved by the Ciry Council and is now on file with the City Clerk. The land
within the exterior boundaries shown on the map shall be designated Assessment District
No. 24, Lakeville Highway Road Improvements, City of Petaluma, Sonoma County,
California.
This Council intends to levy a special assessmenE 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: There shall be omitted from special assessment
all public streets, alleys and places and all land belonging to the United States, the State of
California, the County of Sonoma and this City now in use in the performance of a public
function.
Where any disparity occurs in level or size between the improvement and
private property, this Council determines that it is in the public interest and more
economical to 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 Board intends, pursuant to subparagraph (f) of Section 10204 of the
California Streets and Highways Codc, to provide for an annual assessment upon each of
the parcels of land in the proposed assessment district to pay various costs and expenses
incurred from time to time by the City and not otherwise rcirnbursed to the City which
result from the administration and collection of assessment installments or from the
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administration or registration of the 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
installmentof 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 rcrircment of
bonds under the Improvement Bond Act of 1915 shall be as provided in Part 11.1,
Division 10, of the Streets and Highways Code of the State of California.
The Ciry will not obligate itself to advance available funds from the City
treasury to cure any deficiency which may occur in the bond redemption fund. A
determination not to obligate itself shall not prevent the City, in its sole discretion, .from
so advancing funds.
This Council intends to comply with the requirements of the Special
Assessment Investigation, Limitation and Majority Protest Act of 1.931 by proceeding under
Part 7.5 of said Act. The Engineer of Work is directed to include in its report all of the
information required by Section 2961 of the Streets and Highways Code.
This Council appoints Berryman and Henigar as Engineer of Work for this
project; and directs the preparation of the report required by Section 10204 of the Streets
and Highways Code.
In the opinion of this Council, the public interest will not be served by
allowing owners of assessable lands to enter into a contract for the work of improvement
as otherwise permitted in Section 20485 of the Yublic Contract Codc.
"1'he amount of any surplus remaining in the improvement fund after
completion of the improvement and payment of all claims shall be distributed in
accordance with the provisions of Section 10427 of the Streets and Highways Code.
2
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 Approved as to
Council of the City of Petaluma at a (Regular) tdd+'~,~~~~~~cial) meeting form
on the ......._215t_---- day of .....August 199.`x...., by the ~
Following vote: -
City Attorney
AYES:
Hamilton, Stompe. Maguire, Read, Barlas, Vice Mayor Shea, Mayor Hilligoss
NOES: None
ABSENTNo e ~
ATTEST: .........~1~ v +~.C,: `C`QL,- /I
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