HomeMy WebLinkAboutOrdinance 2040 N.C.S.11/04/19961
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EFFECTIVE DATE
OF ORDINAP6CE
DE 4 1996
ORDINANCE NO. 2040 N.C.S.
Introduced by Seconded by
Carole Barlas Matt'M
re
AN ORDIlVANCE OF THE COUNCIL, OF THE CITE' OF PETAI~UMA AUTHORIZING
CLT~' 1VIANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AGREEIV>[ENT
FOR AN ACCESS EASElVIENT AND/OR FEE TITLE PURCHASE OF PORTIONS
OF ASSESSOR PARCEL. NUlVIBERS 006-163-05, 006-163-25, 006-163-27 AND
DECI,ARLNG THE URGENCY' THEREOF, TO TAKE EFFECT IlVIlVIEDLATEI.Y
COPELAND STREET PUMP STATION
FROM FREDERICK K. AND DEBRA A. SCHRAM AND BARRY D. PARKINSON
22 Section 1. Findin s.
23 A. The Copeland Street Pump Station project has been authorized by the City Council as part
24 of the City's Sewer Collection System Capital Improvement Program;
25 B. In order to implement the Pump Station project, City has determined that it will be
26 necessary to acquire certain property interests, more particularly described in Exhibit A
27 attached hereto and incorporated herein by reference ("the Property");
28 C. The Property is owned by Frederick K. Schram and Debra A. Schram and Barry D.
29 Parkinson;
30 D. The 1987 General Plan classifies the Property as mixed use;
31 E. The property to be acquired is to be developed as the location of the proposed Copeland
32 Street Pump Station and as a portion of the access road thereto;
33 F. An appraisal of the Property was prepared by Redwood Empire Appraisal establishing just
34 compensation at $30,887.00;
35 G. City staff and the City's contract acquisition coordinator in consultation with the City
36 Council have conducted negotiations with the property owner which have resulted in a
37 preliminary purchase agreement for the Property;
Urd. 2040 NCS
1 H. The City Council finds that acquisition of the Property is consistent with the City of
2 Petaluma General Plan and is exempt from California Environmental Quality Act
3 guidelines as a replacement and reconstruction project and minor alteration, Section
4 15304;
5 I. The City Council finds that the Pump Station project, which will allow the raising of the
6 sewer pipe crossing the Petaluma River, thereby eliminating the pipe as a debris trap
7 during high water events such as winter storms, should be completed as early in the winter
8 rainy season as possible to minimize storm-related problems;
9 J. The City Council finds that because of the impending onset of the winter rainy season, and
10 the present availability of a contractor to begin construction of the Pump Station project
11 immediately, it is imperative that acquisition of the Property be completed as soon as
12 possible so that construction of the Pump Station project can begin and be completed
13 before the end of the winter rainy season. Therefore, the City Council finds that this
14 ordinance should be adopted as an urgency ordinance, to take effect immediately after its
15 passage.
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17 NOW, THEREFORE, >BE IT ORDAINED >BY THE COIJNCII. OF TH1E CITY OF
18 PETAI.,><J1VIA AS FOI,I.OWS:
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20 Section 2. The City Manager is authorized to conclude the negotiations and execute the Purchase
21 Agreement and other documents necessary for acquisition of the Property interests set forth in
22 Exhibit A at the amount indicated in Finding F above. Payment of normal escrow and closing
23 costs by the City Manager is also authorized.
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25 Section 3. This ordinance is hereby declared to be necessary for the immediate preservation of
26 the public peace, health and safety of the City of Petaluma, and shall take effect and be in force
27 from and after its final passage by unanimous vote of the members of the City Council present at
28 the time of its adoption.
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30 Section 4. If any section, subsection, sentence, clause or phrase or word of this ordinance is for
31 any reason held to be unconstitutional by a court of competent jurisdiction, such decision shall not
Ord. 2040 NCS Page 2 of 3
1 affect the validity of the remaining portions of this ordinance. The City Council of the City of
2 Petaluma hereby declares that it would have passed and adopted this ordinance and each and all
3 provisions thereof irrespective of the fact that any one or more of said provisions be declared
4 unconstitutional.
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6 ,Section 5. The City Clerk is hereby directed to post this ordinance for the period and in the
7 manner required by the City Charter.
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9 INTRODUCED and adopted this 4th day of November, 1996, by the following vote:
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11 AYES: IVlaguire, Barlas, Read, Vice NIayor Stompe, Mayor Hilligoss
12 NOES: None
13 ABSENT: Hamilton, Shea
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19 ATTEST:
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23 ity Clerk
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33 ord
34 11/7/96 (fmk)
APPROVED AS TO FORM:
City Attorney
Ord. 2040 NCS Page 3 of 3
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