HomeMy WebLinkAboutResolution 95-220 08/21/1995
~ Resolution No. ss-22o N.C.S.
of the City of Petaluma. California
RESOLUTION OF INTENTION TO OKDER IMPROVEMENT IN
ASSESSMENT DISTRICT NO. 23, REDWOOD BUSINESS PARK 3
The 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)13:
The acquisition and construction of the following improvements, located within or
adjacent to land within the City of Petaluma, California designated as Sonoma
County Assessor's Parcel Numbers 047-55-O1 to 047-55-~~~ inclusive.
a. Construction of an extension and improvements to North McDowell
Boulevard.
b. Construction of a bridge on North McDowell over Willow Brook Creek.
c. A portion of the road and bridge improvements on Old Redwood Highway
adjacent to the project, including the replacement of the Old Redwood
Highway bridge over Willow Brook Creek.
d. Utility improvements, including storm drainage, water and gas, and
underground telephone, electrical and cable TV.
e. Widening of Willow Brook Creek between Old Redwood Highway and U.S.
Route 101.
f. The payment of permits, licenses, and the construction of all auxiliary work
necessary to complete the above described improvements.
'T'his Council finds that the land specially benefited by the improvement is
shown within the boundaries of the map entitled, "Proposed .Boundaries of Assessment
District Nn. 23." This map has been approved by the City 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. 23> Redwood I3usincss Park 3; City of Petaluma,
Sonoma County, California.
'T'his 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. 'T'here shall be omitted from special assessment
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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 iris in the public interest and more
economical to eliminate the disparity by-doing work on he private property instead of
adjusting the work on public property. Accordingly,. workmay 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 Code, fo 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 reimbursed to the City which
result from the administration and.collecfion of assessmenYinstallments or from the
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
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 1915-.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 Ciry
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 finds that the Special Assessment.Investigation, Limitarion and
Majority Protest Act of 1931 (commencing with Section 2800, Streets and Highways Code)
does not apply-to these proceedings.
This Council appoints Brian I{angas Poulk as Cngineer of Work for this
project, and directs the preparation of the report required by Section 10204 of the Sti•ects
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 [?iablie Contract Code.
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Reso. 95-220 NCS Page 2 of 3
The 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 Codc.
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Under the power and authority conferred upon this Counctil 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) eeting form
on the ......21St------.... day of .........._AU~USt 1995..., by the ~_,((J ~
~(~I
following vote: C--`-.-:.....'.-`..~--
City~Attorney
AYES: Hamilton, Stompe, Maguire, Read, 13arlas, Vice Mayor Read, Mayor Hilligoss
NOES: None
ABSENT: None _ tip/ U
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ATTEST: ~Qbfay~~:._............_Sct!51............................_...........
City Cierk i r
Council File.......__
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