HomeMy WebLinkAboutOrdinance 2035 N.C.S. 11/04/1996i~ i
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1 flEC 41996
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6 ORI)INANCENO. 2035 N.C.S.
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9 Introduced by Councilmember Seconded by Councilmember
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12 Nancy Read Matt Maguire
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15 AN ORDINANCE OF THE COUNCIL, OF THE CITY OF PETALUIVIA
16 RESCINDING ORDINANCE NO. 1948 N.C.S. AS 'I'O A 13.04-ACRE PARCEL
17 ON SONOlVIA 1VIOUNTAIN COlVI1VIONLY KNOWN AS LAWLER RESERVOIR
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20 WHEREAS, on March 7, 1994, the Petaluma City Council adopted Ordinance. No. 1948
21 N.C.S. which considered surplus and authorized to be sold real property owned by the City of
22 Petaluma located on Manor Lane (Assessor's Parcel Nos. 017-090-06, 017-090-07, 017-090-08)
23 and considered surplus and authorized for sale the 13.04-acre real property parcel owned by the
24 City of Petaluma located upon Sonoma Mountain and consisting of Lawler Reservoir and
25 embankments; and
26 WHEREAS, litigation entitled Cardo, et al. v. Hilligoss, et al. was initiated challenging
27 the procedures employed in adopting Ordinance No. 1948 N.C.S.; and
28 WHEREAS, the City of Petaluma, through its City Council and plaintiffs in the Cardo, et
29 al. v. Hilligoss, et al. litigation, wish to resolve their differences to avoid the expenditure of public
30 funds in said litigation; and
31 WHEREAS, plaintiffs in said litigation have agreed to dismiss their entire action with
32 prejudice, each side bearing its own attorney fees and costs if the Petaluma City Council rescinds
33 Ordinance No. 1948 N.C.S. as to the 13.04 acres consisting of Lawler Reservoir and embank-
34 ments which has not yet been sold; and
35 WHEREAS, the real property owned by the City of Petaluma located on Manor Lane has
36 been sold.
Ord. 2035 NCS Page 1 of 2
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1 T~E1~F®RE, >8E IT ®RDAINEID ~Y TAE C®UNCIL ®F Tl~E CITY ®>F
2 PETAI,UlVIA AS F®I.L®WS:
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4 Section 1. Section 4 of Ordinance No. 1948 N.C.S. which surplused and authorized for
5 sale that 13.04-acre real property parcel owned by the City of Petaluma located upon Sonoma
6 Mountain and consisting of Lawler Reservoir and embankments is hereby rescinded.
7 Section 2. Section 2 of Ordinance 1948 N.C.S. is hereby rescinded.
8 Section 3. If any section, subsection, sentence, clause or phrase or word of this ordinance
9 is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision
10 shall. not affect the validity of the remaining portions of this ordinance. The City Council of the
11 City of Petaluma hereby declares that it would have passed and adopted this ordinance and each
12 and all provisions thereof irrespective of the fact that any one or more of said provisions be
13 declared unconstitutional.
14 Section 4. The City Clerk is hereby directed to post this ordinance for the period and in
15 the manner required by the City Charter.
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17 INTRODUCED and ordered posted/p;~ this 21st day of October , 1996.
18 ADOPTED this 4th day of November , 1996 by the following vote:
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20 AYES: Maguire, Hamilton, Barlas, Read, Shea, Vice Mayor Stompe, Mayor Hilligoss
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NOES: None
ABSENT: None )
Mayor
ATTEST: APPROVED AS TO FORM:
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ity Clerk City Attorney
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10/17/96 (fmk)
Ord. 2035 NCS Page 2 of 2