HomeMy WebLinkAboutResolution 92-030 02/03/1992Resolution No. 92-30 N ~.s.
of the City of Petaluma, California
RESOLUTION APPROVING AMENDED REPORT AND ASSESSMENT
AND ORDERING ACQULSITION OF IMPROVEMENT
The City Council of the City of Petaluma resolves:
This Council has taken a series of actions preliminary to
ordering the acquisition of improvement in Petaluma Auto Plaza
Assessment District No. 19, City of Petaluma, County of Sonoma,
State of California, and now makes the following findings and.
orders:
1. The Council adopted a map showing the boundaries of
the land benefited by the 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, as
later amended, to order the acquisition of improvement described
therein under the Municipal Improvement Act of 1913, and directed
Nystrom Engineering Corp., as the Engineer of Work for the
assessment district, to prepare the report required by Section
10204 of the Streets and Highways Code.
The improvement is generally described as follows:
(1) STREET IMPROVEMENTS
Street. improvements of Auto Center Drive from a point
approximately 600 feet south of Petaluma Boulevard North to
its intersection with Industrial Way (approximately 3,000
feet) and construction of Benson Way from its intersection
with Industrial Way to Auto Center Drive (approximately 275
feet). Improvements to consist of removal of existing
pavement, curb, gutter, and/or sidewalk at all tie-in points
where the new roads intersect existing roads and construction
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of a 3;2-foot curb---to-curb road for Auto Center Drive from. the
northerly end of these improvements to approximately 2,4.00
feet south,, where the.~road transitions to a 50-foot curb-to-
eurb road,inc uding a 7-f;oot med=ian island. Improvements of
Benson Way to consist of a 50-foot curb-to-cur.b road including
a 7-foot median island. Auto Center Drive and Benson Way
improvements include paving, curb., gutter, sidewalk (on
portions), street lights, signing and: striping.
(2) STORM. DRAIN IMPROVEMENTS
Storm drain improvements consists of tieing in a 36-inch pipe
at two different points to, an existing storm drain system in
Industrial Way and extending the storm drain system,
consisting of pipes ranging in size from 24 inches to 36
inches., into the development. The storm drain system .shall
consist of a1I necessary pipe, manholes, catch basins, inlets.,
and junction structures along with all necessary
appurtenances..
(3) SANITARY SEWER LINE IMPROVEMENTS
Sanitary sewer line improvements consists of tieing into an
existing 12-inch sanitary sewer system running. both within
Industrial .Way and parallel to Industrial Way approximately
half way between the proposed Auto Center Drive. and Industrial
Way and extending 10=inch lines into the development to serve
the lots. The sanitary. sewer system shall include all pipe,
manholes, laterals, and necessary appurtenances.
(4) WATER..LIN.E IMPROVEMENTS
Water line improvements consists of tieing in a 10-inch water
lrie into the, existing l2-inch water main in and adjacent to
Industrial Way and extending the 10-inch water line into the
development to ser-ye the lots.
Water line improvements. include all .pipe, fittings, valves.,
hydrants, services, and any necessary appurtenances.
Together with the acquisition of all lands, easements., rights
of way, licenses,, franchises, permits., right of. capacity and-use,
and. the acquisition or performing of all auxiliary work necessary
and/or convenient to the accomplishment of the foregoing
improvements.
3. The Engineer of Work filed the report as directed,
and the City Council called a hearing on the report as required by
Sect-ion 10301 of the. Streets and Highways Code. Notice of the
Reso. 92-30 NCS Page 2 of '5
hearing was given .by publication, by street posting and by mailing
to affected property owners,, all according to the Municipal
Improvement Act of 1913. Affidavits of publication, posting and
mailing were filed with the City Clerk.
4. The hearing scheduled for January 6, 199.2 at
7:00 P.M. was continued to January 21, 1992 at 7:00 P.M. A Notice
of Continuance of Hearing was posted by the City Clerk. A
certificate of posting the Notice of Continuance of Hearing is on
file with the City Clerk,.
5. At the time set for the hearing on January 21, 1992,
the City Council further continued the hearing to February 3, 1992
at 7:0.0 P.M. A certificate of posting the Notice of Continuance of
Hearing is on file with the City Clerk.
6. At the time and place for which notice was given, the
City Council. conducted the public hearing and gave every interested
person an opportunity to object to the proposed acquisition of
improvement, the extent of the assessment district, or the proposed
assessment.. Following the hearing, at the direction of the City
Council, the .Engineer of Work filed an amended report.
7. The Council finds that written protests against the
proposed acquisition of improvement have not been made, by owners
representing more than one-half of the. area of the land to be
assessed for the improvement.
8. The documents and events described in paragraphs 1 to
5, 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.
Reso. 92-30 NCS Page. 3 of 5
Document or Event Date Number
a. Res'olut'ion approving boundary map 11/18/91 91-335
b, Boundary map filed with County Recorder 1.1/22/9:1
c. Resolution of Intention 2/27/8'9 89-58
d. Resolution amending Resolution of Intention 11/18%91 91-338
e. Filing of Engineer's Report 11/18/91
f. Resolution accepting Report 11/18/9.1 91-340
g. Certificate of Mailing
Notice of Improvement 11/27/91
h. Affidavit of publication
of Notice of Improvement 12/19/91
i. Certificate of posting
Notice of Improvement 12/11/91
j. Certificate of posting Notice of
Improvement at Chamber Door 12/10/91
k. Certificate of posting continuance of
hearing 1/2/92
1. Certificate of posting continuance of
hearing 1/21/92
m. Hearing conducted 2/3/92
n. Filing of amended report 2/3/92
9. 'The Council approves the Amended . Engineer's Report
and each component part of it, including each exhibit incorporated
by 'reference in the report.
10. The Council finds that the Engineer of Work, in the
Amended Engineer's Report has fairly and properly apportioned the
cost of the improvement to each parcel of band 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
thee-Amended Engineer's Report.
11. This City Council orders the acquisition of
improvement described in paragraph 2 and as detailed in the Amended
Engineer's Report.
12. 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
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Reso. 92-30 NGS
installment of the bonds shall mature not to exceed nineteen (19)
years from the second day of September next succeeding twelve (12)
months from their date.
13. According to Section 10603 of the Streets and
Highways Code, the City Council designates the City Treasurer to
collect and receive payment of the. assessments. The. property
owners who elect to pay their assessments in cash before the
issuance of improvement bonds will not be required to pay their pro
rata share of the allowance for special reserve fund, allowance for
bond discount and allowance for capitalized interest.
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) (Adjourned) (Special) meeting
on the .....3rd...__...... day of --•-•--•-February-•------------------------ 1x.92., by the
.,
following vote: ......_..:' ..----••--••-•---•----•
ity ttorney
AYES: Read, Davis, Cavanagh, Sobel, Nelson, Vice Mayor Woolsey, Mayor Hilligoss
NOES: None
ABSENT: None
ATTEST: ----• .............. . ~ ...........-............
City Cle P
Council File. .t~....ry ..........
CA IO-85 Res. No........~G-`~0..-.--.. N.C.S.
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