HomeMy WebLinkAboutResolution 90-081 N.C.S. 03/19/1990Resolution No. 90-81 N.C.S.
of the City of Petaluma, California
RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN
SOUTHPOINT BUSINESS PARK ASSESSMENT DISTRICT NO. 22
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:
PHASE I - The acquisition of public improvements in Southpoint
Boulevard and Nouthpoint Boulevard within Southpoint Business
Park, including street paving, curbs, gutters, sidewalks,
storm drainage, street signing and existing utilities; and the
acquisition of all necessary interests in real property.
PHASE II - The installation of storm drainage pipes- and
appurtenances in the existing storm drainage easement within
Southpoint Business Park.
This Council finds that the land specially benefited by
the improvement is shown within the boundaries of the map entitled,
"Proposed Boundaries of Southpoint Business Park Assessment
District No. 22, City of Petaluma, Sonoma County, 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 Southpoint Business Park Assessment
District No. 22, City of Petaluma, Sonoma County, 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
special assessment all public streets, alleys and places and all
land belonging to the United States, the State of California, the
~~e, ~r~y , z, a ~ ,, ~~
~. E~'
., E .>
h err ~~..:
Rea No . .............................. N.C.S. 1 O f ~F
County of Sonoma and this City now in use in the performance of a
public function.
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.
Serial 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 o,f 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
Reso. 90-8.1 NCS 2 of 4
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 Thomas S. Hargis, City Engineer, 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 Public Contract Code.
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
3
Reso. 90-81 NCS 3 of 4
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 f'`~ _A red as to
Council of the City of Petaluma at a (Regular) (~3~~~~ meeting °
on the -------1.~.tlt........ day of ................Maxr.Yl......................-......., 19.9 0-., by the ~.
following vote: ..-..-_.
City A torney
AYES: Tencer, Woolsey, Cavanagh, B.alshaw, Davis, Mayor Hilligoss
NOES: ~
ABSENT:
ATTEST:
CA 10-85
4
ice M
City Clerk `
J~1
Council File.-......--.°----°-°--°----.....
Res. No..9.~.-.~1 ............. N.C.S.
4 of 4