HomeMy WebLinkAboutResolution 90-025 N.C.S. 01/16/1990~i
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-~ Resolution No. 90-25 N.C.S.
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of the City of Petaluma, California
RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN
ASSESSMENT DISTRICT NO. 21
CORONA-ELY ASSESSMENT DISTRICT
CITY OF PETALUMA, COUNTY OF SONOMA, STATE OF CALIFORNIA
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 1913:
The construction of Sonoma Mountain Parkway from the end of
the existing full street improvements on Ely Road
(approximately 700 feet north of Washington Street) to Corona
Road, Ely Road from Sonoma Mountain Parkway to Corona Road and
Corona Road from Sonoma Mountain Parkway to approximately the
railroad crossing easterly of McDowell Boulevard including
associated curb, gutters, utilities, street lighting, railroad
crossing signalization, traffic signals at Rainier Avenue,
Maria Drive and Corona Road, landscaped medians, right-of-way
or easement acquisition, and all other appurtenances required
as a condition of the approval of the Corona-Ely Assessment
District Plan Line.
This Council finds that the land specially benefited by
the improvement is shown within the boundaries of the map entitled,
"Proposed Boundaries of Assessment District No. 21, Corona-Ely
Assessment District, 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 tYie map shall be designated Assessment District
No. 21., Corona-Ely Assessment District, City of Petaluma, County of
Sonoma, State of California.
This 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
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Res. No. ......:9.0-. 2.~........ N.C.S.
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special assessment al-1 public streets, alleys and places and all '
land beiong~ng 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 ir-' 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 Council intends to enter into an agreement with
Pacific Gas and Electric Company (.PG.&E) under the provisions of
Section 10110 of the Streets and Highways Code, inasmuch as certain
facilities included in the improvement are to be under its
ownership, management and control.
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 a_nd the various funds and
accounts pertaining thereto.
Serial bonds representing unpaid assessments, and bearing
interest at a rate not to exceed twe-lve percent (12%) per annum,
Reso. 90-25 NCS Page 2 of 4
will be issued in the manner provided by the Improvement Bond Aet
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 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 Council finds that the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931
(commencing with Section 2800, Streets and Highways Code) does not
apply to these proceedings.
This Council appoints John H. Heindel as Engineer of Work
and MacKay & Somps as Design Engineer 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 Co.uneil, 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 Public Contract Code...
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Reno. 90-25 NCS
If any excess shall be realized .from the assessment it
shall be used, in such amounts as the City Council may determine,
in accordance with the provisions of law for one or more of the
following purposes:
(a) Transfer to the general fund of the City, provided that
the amount of any such transfer shall not exceed the
lesser of $1,000 or 5% of the total amount expended from
the improvement fund;
(b) As a credit upon the assessment and any supplemental
assessment, provided that such surplus may, if the City
Council so determines, also be applied as a credit to the
City or any local, state or national agency or authority
which shall have made a contribution towards the cost and
expenses of the acquisitions and improvements in the
proportion which such contribution bears to the total
amount of the assessment or supplemental assessment prior
to the deduction of all such contributions; or
(c) For the maintenance of the improvements.
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-° M~=A=ppEove -a to
Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting r t~ f
on the .......16th day of ..........January 90 - 1--
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following vote:
City Attorriey.~
AYES: Tencer, Woolsey, Cavanagh, Balshaw, Davis, Vice Mayor Sobel, Mayor Hilligoss
NOES: 0
ABSENTQ
ATTEST:
CA 10-85
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Gbuncil File ....................................
Res. No......9.0-.25.......... N.C.S.
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