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HomeMy WebLinkAboutTC Res 2018-03-21 RESOLUTION NO. 15-2018 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON MAKING DETERMINATIONS, CONFIRMING ASSESSMENTS AND PROCEEDINGS AND DESIGNATING THE SUPERINTENDENT OF STREETS TO COLLECT AND RECEIVE ASSESSMENTS AND TO ESTABLISH A SPECIAL FUND AND AUTHORIZING OTHER ACTIONS RELATED TO TOWN OF TIBURON ASSESSMENT DISTRICT NO.2017-2 (VIRGINIA UNDERGROUNDING DISTRICT) WHEREAS, this Town Council on May 3, 2017 adopted Resolution No. 10-2017 (the "Resolution of Intention") declaring its intention to order the construction of certain improvements to underground utilities as described in the Resolution of Intention (the "Improvements") and to form the Town of Tiburon Assessment District No. 2017-2 (Virginia Undergrounding District) (the "Assessment District") under the provisions of the Municipal Improvement Act of 1913 (Division 12 of the California Streets and Highways Code, "the Act"); and WHEREAS, this Town Council on January 17, 2018 adopted Resolution No. 03-2018 which preliminarily approved a report prepared under and pursuant to the Act and, in particular, Section 10204 of the California Streets and Highways Code (the "Engineer's Report") and fixed March 21, 2018 at the hour of 7:30 p.m. at the regular meeting place of the Town Council, Town Hall, 1505 Tiburon Boulevard, Tiburon, California 94920, as the time and place of hearing protests and objections to the Assessment District as proposed, including the Improvements and assessments included in the Engineer's Report, and to receive and count the ballots for and against the proposed assessments to be levied; and WHEREAS, the Town Clerk has caused notice to be given of the passage of the Resolution of hltention, the filing of the Engineer's Report and the time and place and purpose of the March 21, 2018 public hearing. all as required by the Act and by Section 53753(c) of the California Government Code and Article XIIID, Section 4 of the California Constitution ("Article XIIID"); and WHEREAS, a final Engineer's Report (the "Final Report") has been prepared setting forth the Improvements to be acquired and constructed, and the Final Report has been filed with the Town Council and has been available for review by the property owners within the proposed Assessment District; and WHEREAS, at the time and place stated in the notice of the public hearing, a hearing was duly held by this Town Council and, during the course of the hearing, the Final Report was duly presented and considered, all written protests and objections received, if any, were duly presented, read, heard and considered and all persons appearing at the hearing and desiring to be heard in the matter of the Final Report were heard, and a full, fair and complete hearing has been conducted; and WHEREAS this Town Council has received all ballots filed with the Town Clerk prior to the conclusion of the hearing, and the Town Clerk has counted all ballots for and against the proposed levy of the assessments and the formation of the Assessment District as provided in Article XIIID; and Page I o1`3 Town Council Resolution No. I5-2018 03/21/2018 WHEREAS, this Town Council has considered the assessments proposed in the Final Report and the evidence presented at said hearing; and WHEREAS, under- the provisions of Section 10424 of the California Streets and Highways Code, funds collected by the Public Works Director/Town Engineer acting as the Superintendent of Streets (the "Superintendent of Streets") pursuant to an assessment under the Municipal Improvement Act of 1913 are required to be placed in a special improvement fund designated by the name of the assessment proceeding; WHEREAS, the adoption of this resolution and the confirmation of the assessments for the Improvements is exempt from the requirements of the California Environmental Quality Act (Division 13 of the California Public Resources Code, "CEQA"); NOW, THEREFORE, the Town Council of the Town of Tiburon does hereby find, order and resolve as follows: SECTION 1. The above recitals, and each of them, are true and correct. SECTION 2. The March 21, 2018 public hearing has been duly held in accordance with the requirements of Article XIIID, the Act and Government Code Section 53753, and each and every step in the proceedings prior to and including the hearing has been duly and regularly taken. This Town Council is satisfied with the correctness of the Final Report, including the assessments and diagram and the maximum annual assessment for administrative expenses, the proceedings and all matters relating thereto and adopts each of the findings, determinations and conclusions stated therein as a basis for confirming the assessments. SECTION 3. All of the property specially benefitted by the Improvements has been included in the Assessment District. The property within the Assessment District to be assessed as shown in the Final Report will be specially benefited by the Improvements over and above the benefits conferred on the public at large, no parcel has been assessed in an amount that exceeds its proportionate share of the special benefit conferred on such parcel by the Improvements and no general benefit from the Improvements has been included in the amount assessed. SECTION 4. The Town Council overrules and denies any and all protests, objections and appeals made in regard to these proceedings; and it finds and determines that based the ballots received and tabulated as described herein, there is not a majority protest against the assessments. In tabulating the ballots, in accordance with the requirements of Article XIIID, the ballots were weighted according to the proportional financial obligation of the affected property. SECTION 5. The amount of the assessments shown in the Final Report and the proposed maximum annual assessment per parcel for administrative expenses shown therein are confirmed and are fixed in said amounts. SECTION 6. The amounts to be assessed against the individual parcels shown on the assessment diagram contained in the Final Report are hereby approved and confirmed; and the Town Clerk is authorized and directed to endorse the fact and date of such approval on the Final Report. SECTION 7. The assessment diagram and assessment is to be placed on file in the office of the Superintendent of Streets, and the Town Clerk is authorized and directed to record, or cause to be Page 2 of 3 Town Council Resolution No. 15-2018 03/2 1/2018 recorded, the assessment diagram and assessment in the office of the County Recorder of the County of Marin as required by Sections 3114, 10401 and 10402 of the California Streets and Highways Code; and the Town Clerk shall record, or cause to be recorded, a Notice of Assessment as required by Section 3114 of said Code. The Town Clerk is further authorized and directed to post a notice of exemption pursuant to CEQA related to the adoption of this resolution and the confirmation of the assessments. Section 8. The Superintendent of Streets is authorized and directed to give notice of the recordation of the assessment, as provided in Section 10404 of the California Streets and Highways Code. In accordance with Section 5896.16 of the California Sheets and Highways Code, the Superintendent of Streets shall provide notice to all assessed parcels that the individual service connections to each parcel shall be completed within 120 following the completion of the Improvements and that a failure to do so could result in a disconnection of service. SECTION 9. The Superintendent of Streets is designated to receive the assessments paid during an initial 30-day cash payment period which shall cornmence on the date of filing the assessment diagram with the Superintendent of Streets. The Superintendent of Streets is authorized and directed to provide notice to the owners of all parcels with unpaid assessments of a second 30- day cash payment period which will begin at least 30 days prior to the date of execution by the Town of a purchase contract for the bonds to be secured by the unpaid assessments. SECTION 10. The Superintendent of Streets is authorized and directed to proceed with the final design of the Improvements, to prepare for approval by the Town Council any agreement required pursuant to Section 101 10 of the California Streets and Highways Code and to return to the Town Council to consider further actions with respect to the construction and acquisition of the Improvements. SECTION 11. This Resolution shall take effect immediately upon its adoption. SECTION 12. The Town Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED, and ADOPTED on March 21, 2018 by the following vote: AYES: COUNCILMEMBERS: Fraser, Fredericks, Kulik NAYS: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Welner i DISQUALIFIED: COUNCILMEMBERS: Thier JIM FRA % Ma �or LEA STEFA I, Town Clerk Page 3 of 3 Town Council Resolution No. 15-2018 03/21/2018