HomeMy WebLinkAboutResolution 91-338 11/18/1991Resolution No. 9~-3s`~R N.C.S.
of the City of Petaluma, California
RESOLUTION AMENDING RESOLUTION OF INTENTION
TO MAKE ACQUISITIONS AND IMPROVEMENTS
PETALUMA AUTO PLAZA ASSESSMENT DISTRICT NO. 19
The City Council of the City of Petaluma resolves:
On February 27, 1989, the City Council adopted its
Resolution No. 89-58, Resolution of Intention to Make Acquisitions
and Improvements. Said resolution is hereby amended to read as
follows:
The City Council intends to order the acquisition of the
following improvement under the authority of the Municipal
Improvement Act of 1913 and Chapter 4.08 of the. Petaluma Municipal
Code:
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
of a 32-foot curb-to-curb road for Auto Center Drive from the
northerly end of these improvements to approximately 2,400
feet south, where the road transitions to a 50-foot curb-to-
curb road including a 7-foot median island. Improvements of
Benson Way to consist of a 50-foot curb-to-curb 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 all necessary pipe, manholes, catch basins, inlets,
and junction structures along with all necessary
appurtenances.
91-338 Page 1 of 4
Res. No. ._ ........................... N.C.S.
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 LINE IMPROVEMENTS
Water line improvements consists of tieing in a 10-inch water
line into the existing 12-inch water main in and adjacent to
Industrial Way and extending the 10-inch water line into the
development to serve 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.
This City Council finds that the land specially benefited
by the improvement is shown within the boundaries of the map
entitled, "Proposed Boundaries of Petaluma Auto Plaza Assessment
District No. 19, City of Petaluma, County of Sonoma, State of
California." 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 Petaluma Auto Plaza
Assessment District No. 19, City of Petaluma, County of Sonoma,
State of California.
This City 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. There shall be omitted from
special assessment all public streets, alleys and places and all
loo. 91-338 NCS Page 2 of 4
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 City 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 Council intends, pursuant to subparagraph (f) of
Section 10204 of the California Streets and Highways Code, 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
reimbursed to the City which result from the administration and
collection of assessment installments or from the administration or
registration of the improvement bonds and the various funds and
accounts pertaining thereto.
This Council orders that a portion of the cost of the
acquisition of the improvement shall be paid from contributed funds
other than proceeds of special assessments and that the balance of
the cost shall be specially assessed.
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
Reso. 91-338 NCS Page 3 of 4
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.
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 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 from, in its sole discretion, so
advancing funds.
This City Council appoints Nystrom Engineering Corp. as
Engineer of Work for this project, and directs the preparation of
the report required by Section 10204 of the Streets and Highways
Code.
The amount of any surplus remaining in the improvement
fund after acquisition 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.
Under the dower and authority conferred up~ri this Council by the Charter of mid City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Pettiluma at a (Regular) ~s~;o:r~ ~a` ~~°° - meeting form
on the ..----18th....... day of ................November:................., 19-.9.1, by the /'
following vote: -`-~-•--•••---•--•••--
City Attorney
AYES: Davis, Nelson, Vice Nlayor Woolsey, Mayor Hilligoss
NOES: None ;
ABSENT: Read,~ /,}~ So el
ATTEST: .-. -.- G~il/l~G~~ G ~~Z~'•-~'~__C~ ,
City Clerk Mayor
Council File ...:................................
CA 10-85 ~ Res. No.....9.1,,.`3..3.8-...... N.cs.
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