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HomeMy WebLinkAboutResolution 90-143 04/30/1990~es®Il,itl®rl Nom. 90-143 N~.~. of the City of Petaluma, California RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN NORTH MCDOWELL BOULEVARD ASSESSMENT DISTRICT NO. 17 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 streets, including clearing, grading, subbase, base, pavement, curbs and gutter, median island, and driveways; sidewalks; traffic signals; storm drainage facilities; sanitary sewers and appurtenances; domestic water services and fire hydrants; street lights and relocation. of existing underground utilities; all with necessary appurtenances; together with the acquisition of all necessary interests in real property. The improvements shall be constructed in North McDowell Boulevard between Corona Road and Lynch Creek Road and on Corona Road between the Northwestern Pacific Railroad crossing to U.S. Highway 101. This Council finds that the land specially benefited by the improvement is shown within the boundaries of the map entitled, "Proposed Boundaries of North McDowell Boulevard Assessment District No. 17, City of Petaluma, County of Sonoma, 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 North McDowell Boulevard Assessment District No. 17, City of Petaluma, County of Sonoma, 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 ~Q~ K~S. ~~.....9.0-..14.3....... N.cs. Page 1 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 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. 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. Page 2 of 4 Reso. 90-143 NCS . , 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 sh-all. not prevent. the City from, in its sole discretion, so advancing funds. This Council intends to comply with the requirements of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 by proceeding under part 7.5 of said Act. The Engineer of Work is directed to include in its report all of the information required by Section 2961 of the Streets and Highways Code. This 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. 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 2.0485 of the. Public Contract Code. Reso. 90-143 NCS Page 3 of 4 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 1.0427 of the Streets and Highways Code. 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 they---~--° ove_d•.as to Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting fO on the ..----30th.-..... day of ................p'.P.r.l..........................., rs..9.~, by the. ~' _ following vote: .,!'-•--. AYES.: Tencer, Cavanagh., Balshaw, Davis, Vice Mayor Sobel, Mayor Hilligoss I i NOES: Woolsey / ' ABSENT: 0 ~ -- ATTEST: ---- -- - .. .. ...... .. .. .......... ....... '....r~:r ........ ..S!..t`.:..- City Clerk Mayor Gbuncil File---° ...............-----._....... cn io-85 yes. No....90.-,143......_ N.cs. Page 4 of 4