HomeMy WebLinkAboutOrdinances 1977 03/20/1995INTRODUCED BY:
ORDINANCE NO. 1977 NCS
SECONDED BY:
Councilmember Carole Barlas Councilmember Matt Map-uire
AN ORDINANCE AUTHORIZING AMENDMENT TO
CHAPTER 13.34 OF THE PETALUMA MUNICIPAL CODE
PUBLIC IAANIPRO VEMENT BENEFIT DISTRICTS
BE IT ORDAINED by the City Council of the City of Petaluma as follows:
Section 1. Section 13.34.010(E) Definitions be amended to read as follows:
"E. "Improvement" means a public improvement which is found to be reasonably necessary in
order to accommodate new development or a combination of new and existing developments as
projected by the Petaluma General Plan, and which would confer it substantially greater benefit
upon properties within a district than upon the public as a whole."
Section?. Section 13.34.030(A) and (B) Notice —Public Hearing are to be aiiiended to
read as follows:
"A. Prior to the establishment of a district, the council shall adopt a resolution of intention to
establish such a district, stating the proposed boundaries and the nature of the public
irnprovements proposed to. be financed or constructed from the proceeds of charges, or in the case
of improvements previously constructed at City's expense or Petaluma Community Development
Commission's expense the amount to be reimbursed from the proceeds of chargeswhich shall be
imposed, and setting the matter for public hearing, which shall be not less than twenty days after
the adoption of said resolution of intention. The City Clerk shall thereafter give notice of such
hearing, and shall notify each property owner within the, boundaries of the proposed district of the
public hearing not less than ten clays prior thereto by placing a copy of the notice of hearing and
the resolution of intention in a sealed envelope. postage fully prepaid, and depositing the same in
the United States mall, addressed to the o,�;ners at their last known address of record. Said notice
shall be deemed given when malled.
Ord. 1y77 NC S Page I of 3 pages
B. On the date set for public hearing, the council shall consider the establishment of the
district, the total estimated installation cost of the improvement constructed or proposed to be
constructed, as set out in Section 13.34.040, and shall hear the comments of those property
owners located within the proposed district who wish to be heard. Thereafter, the council may
adopt a resolution establishing such district, setting the boundaries, establishing the apportionment
of formula and total estimated cost of the improvements constructed or to be constructed or to be
constructed from the proceeds of charges in the district, including the cost of formation of the
district, if it can make the following findings.
Section 3. Section 13.34.030(B) 1., 2., and 3. Remain unchanged.
Section 4. Section 13.34.030(C). Remain unchanged.
Section 5. Section 13.34.040 Charges - Method of establishment and computation shall be
amended by adding a final sentence as follows:
"....Alternately, in the event of improvement constructed at City or Petaluma Community
Development Commission's expense, the charge shall be the actual cost of improvements plus a
15 % engineering fee."
Section 6. Section 13.34.060 Use of public improvement benefit charges is hereby amended
to read as follows:
"Upon the establishment of a public improvement benefit district as set out in this chapter, the city
finance director shall establish a separate fund or in the case of city or Petaluma Community
Development Commission's constructed improvements, reimburse the existing fund from which
resources were drawn into which all such charges received are paid. Said funds shall be for the
exclusive payment of costs and charges associated with the construction of the improvements
identified as the subject of the district. If any funds remain at such time as the improvements for
which the district was formed are completed and said funds are not necessary for future
maintenance of the facility, such funds, without interest, shall be returned to the then owners of
the private property within the district by applying the apportionment formula for the district to
the real property of each owner. In the future event that the improvements are not constructed
within a period of ten years from the date of the establishment of the district, funds without
interest shall be returned to the then owners of the properties which were required to contribute to
Ord. 1977 NCS Page 2 of 3 pages
said funds pursuant to the apportionment formula adopted for the district, unless the council by
resolution extends the terms of the benefit district as provided in Section 13.34.050."
Section 6. If any section, subsection, sentence, clause or phrase or word of this ordinance is
for any reason held to be unconstitutional by a court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this ordinance. The City Council of the City of
Petaluma hereby declares that it would have passed and adopted this ordinance and each and all
provisions thereof irrespective of the fact that any one or more of said provisions be declared
unconstitutional.
Section 6. The City Clerk is hereby directed to post/publish this ordinance for the period and .
in the manner required by the City Charter.
INTRODUCED and ordered posted/published this 6th day of March, 1995.
ADOPTED this 20th day of March , 1995, by the following vote:
AYES: Shea, Maguire, Barlas, Stompe
NOES: None
ABSENT: Vice Mayor Read
ABSTAIN: Hamilton, Mayor Hilligoss
ATTEST:
Patricia E. Bernard, City Clerk
c:\winword\ord\benefit.doc
M. Patricia Hilligoss, Mayor
Ord. 1977 NCS Page 3 of 3 pages