HomeMy WebLinkAboutOrdinances 1977 03/20/1995. f~-
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ORDINANCE NO. 1977 NCS
INTRODUCED BI':
SECOI~'DED BY:
Councilmember Carole Barlas Councilmember Matt Ma~uire
AN ORDINANCE AUT~IORIZIN~ AM~NDMENT TO
CHAPTER 13.3=t UF 'TH~E PETALUMA MUNICIPAL CODE
PUBLIC l1~IFR(~ VEMENT l3ENEFIT nISTRICTS
BE IT ORDAINED by the City Council af the City af Yetaluma as follows:
Section 1. Sectinn 13.34.010(T~) I)efiniti~ns be ar~er.ded to read as fallows:
"E. "Improvement" m~ans a put~iic i~l~provemertt which is found tc- be reasonably necessary in
order to accoinmodate ne~~ developmer.t or a combination of new and existing devel~pments as
p~oject~d by the Pet.~l;ama G~neral Plan, and which woulci confer ~t substantially greater bene.fit
u~:~on properties v~it.hin a~istrict than upon the public as a wlio~e."
~ection ?.. S:,ction 13.3~~3.Q~3Q(A) and (~) No~ic~--~Yublic I~e~i•ir,b are to be ai:~ended to
read as follows:
"A. Prior to the est~ablisl~ment of a distri.ct, tlle ~ou~.cil sl~all adopt a r~solation of intentioii to
establish such a uistrict, statin; the proposed boun~aries and tl~e nati.ire of the public
itr~pr~vem~nts propose~ to.l;e finar~ced o~- ce~is,ructeci froxn t;~e proceeds of charges; or in the ~a~e
of iir~grovemeuts previous?.y cc}nstr~acted at City's expens~ or Pet~3l;:ma Camm~inity Development
Comrnissio~l's ex~~r.se ~:he ania;int t~ be reimbcrseci fram the pI-oceeds ar E,harges ~wlii~lt si~iall r~e
ir7inose~, and sett~,~h tlle matt~,r fc~r ~~tib?ic hearing, ~~l:icr~ s};a1' be not less tha.l ~wen~y ~lays af`ter
the adoption ~f said resalution c~f i;~tention. 7'~~,: City t.lerk sha11 t(ler~after give notice ~~t such
he~trir~, 2IlCI S11a~] iS~iify eacl: propexty owr~er ~vitnin th~- b~:u~t:iaries of th;, propos~d uistrict of thP
pti~~lic hearin~, r~ot Jes4 than ten clays prior ~here.t~ by placing a cc~,py of the notice of lieari.ng ancJ
the resaluti~n of inte~ntic~37 i~i a s~a«:d en~~elr~~e, post~~~ ~f~.:ll_y prep~id, and dc~posilir~.g the s:~~ne in
ti~z U~l~t~d ~t~ites rna:;l, ~e~dr~sse~ t`~ th~ ~~ti~~»ers at tlleir la.t~t 3cn~~wn ad~lress of recor.d. S.iid natice
5~11~1 be :lee~ned L.R,tV~Il Wlleil Illailr:tl.
Crcl. 1y77 ~;rS 1'a~,~e 1 irf 3 p.~~;2s
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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 unchan~.
Section 4. Section 13.34.030(C). Remain unchan~ed.
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 sha11 be returned to the then owners of the properties which were required to contribute to
Ord. 1977 NCS Page 2 of 3 pages
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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/~}~ this ordinance for the period and .
in the manner required by the City Charter.
INTRODUCED and ordered posted/~~ 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
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M. Patricia Hilligoss, Mayor
ATTEST:
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Patricia E. Bernard, City Clerk
c: \winword\ord\benefit. doc
Ord. 1977 NCS Page 3 of 3 pages