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Home My WebLink AboutTC Res 1968-01-22 (5) RESOLUTION NO. 189 RESOLllTHi;\ M<D ORDER APPT\OVP<G )')fI:)~DED F\C I NEER.' S REPORT, ORDERT!\G THE Cr,:\STIWCTIO:\ OF HIPROVE:(j:\TS A:\D C00iFIF.:lING ASSEss:rC\T, IL ~.rAHINERO ASSESS:;r;\T DISTRICT \0. 1967-1, CITY OF TIDURO?\, ~!/,RP~ COW~TY, CALIFDR\IA W!lEP.EAS, on the 11th day of December, 1967, the City Council of the City of Tiburon, Marin County, California adopted i t5 RC50lution of Intention in El :-larinoTo Assessment District ~~ o. 1 9 6 7 - 1, C i t Y 0 f T i bur 0 n, ;.1 a r i n Co un t y, C a 1 i for n i a, for the construction of improvements and acquisitions in said assessment district and referred said proposed i~proverents and acquisitions to RHODES Arm :r)l]rno:~, Engineer of Work for said assessment dis- trict; and WHEREAS, on the 11th d;1.Y of December, 196i, the snid RIIODES A~";D BURTm~, Engineer of h'ork, filec an Engineer's ReDort, Assessment and Assessment Diagram in accordance with said Reso- 1utior, and said Engineer's Rerort was presented to the City Council of the City of Tiburon for consider2tion: and WPEREAS, on the 11th day of December, 1967, the City Council of the City of Tiburon preliminarily adontcd said Engi- neer's Report and fixed Tuesday,. ~he 22nd d~v of January, 1968, at the' hour of 8:00 o'clock P.\l. of said day, at the meetin.rr. rIace of thp Cit~: Council of the City of Tiburon loc~t('(l in the City Hall, 80 ;,fJ.in Street, Tiburon, California, as the tirn.e ancl placE:' for heaTing protests with relation to said proposed improvements and acquisitions; and \\Hf~E:'\S, pursuant to said Resolution hereinabove men- t ion e d a ~; 0 tic e 0 f Imp r 0 v e r1e n t '" a 5 d u 1 y r 1I b 1 i s 11 E:' d, r (1 s t e d and mailed, ~iving notice of the tine and pl~ce of henring on said R~"ort; and C''', '-'.' .. .. , . ;, ,...,: ,,-...' ..... . 'i~Ji'~ili.i\lh.. - 1 - 1"'llEREi\S, on tIle 22nd day of January, 1968, said hearing, \\" ~ she] can d the r e \': ere nor rot est sag a ins t . s aid i m 11 r 0 \' C men t san d acquisitions or 52id proceedings by any person; and Wi! ERE AS, 0 nth c 2 2 n d day 0 f Jail u a r y I 1 9 6 8, t h (' C i t Y Council of the City of Tibu1'OIl directed the Engineer of Work to file an Amended Engineer's Report; and \'[HEREAS, on the 22ncl dav of January, 1968, the Engineer of 'york fi led \\'i th the Ci ty Clerk of the Ci ty of Tiburon an Amended Engineer's Report; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City or Tibul'on, ~,larin Connty, Californi::1, that this Council docs llcreby find, determine and order as follo~s: 1. That no one, at or prior to the tine fixed for said hearing. filed a H:ritten protest against said nroposed improve- ments and a~quisitions as a whole, or a~ainst said district, or the extent thereof to he assessed for the costs and expenses of saiJ improvements and acquisitions or as to the amended estinate o f co s t san II e x pen s cst her e 0 f; t hat nor e rs (1 nail ]1 e ,H e d a t the tine fixed for said hearing to nakc, nor did any person ~ake, an\' oral objection or :>rotest agaillst any of the aoo\"(' ~2tters, or the improver.!cnts and acquisitions; th<1t ~o onp apnearcn or prote~tco or made any ohjection tc the :\menuell Engineer's Rcpo!'t or saic1 iFDfovericnt pro:eedi"'Q:s at ~r~\' t1.r'"'e. 2. That the rli.str:ct benefited by s;1id improve!~('nts and acquisitions Clnd to be aSSeS5Cc. to p8.V the costs and expen- ses thereof, is morc particularly descrihed in the Resolution of Intention hereinabove referred to and made a part nereof hy reference thereto. That all ru"blic streets and hi?"hH:1\'s within said aSSCS5r.lent district, the sarlO being in llse in the )lcrforrn- ancc of ::t n1.!nlic function 3S such, shi111 be o,dtted frof1 51.1.(1 - 2 - djstrict and from the len' and collection of tre s}Jccicd assC'ss- ments to be hereafter levied and collected to cover the costs and expenses of sajd imp.roVelT'.ent5 and acquisitions. 3. Th:lt the pl:lns and spccific8t:ions for the proposed impro\'ements and acqu:isi tions he, and t:1CY arc herebv, finc111~f ado1l t e cl :1 11(1 ::l P r r 0 'led as t} 1 e r 1 J n 5 a r r.l s 11 (' c i fi c;l t i 0 IT:' to \\' hi c h said ~ork shall he done as called for in snid Pes0lution of Intention. 4. That the Amended Fstil'1ate of Cost of the j tC'mi zed and t0t:ll estiratec1 cost :lIH~ exnenses of the improvements and acquisitions and of the incidental expenses in cnrnecti0n thcTe- ",':ith, ,'!}~ich said Amended Estimate of Cost is on file with the City Clerk of the City of Tihuron be, and it is hereby, finally adopted and a~nroved as t~e En~ineer's total and detailed esti- mate ,')f t}'c costs and expenses of said improvements and acquisi iions. S. That the public convenience and interest require, and said Council hereby orders the improve~ents and acquisitions to be made as descrihed in, and in accordance \dth, . 1 sa1(, Rcs.o- Jutien of Intention and the Amended Engineer's Report on file \<lith the Citv. Clerk of the City of TibuTon reference to both of which is hereby made for a more narticular descrintion of said improvements and acquisitions and also reference is herehv made to the provisirl1s of the ~,luniciT'al Imnrovement Act of 1913, as a TI' end e J . 6. The City Council of the City of Tiburon doC's hereby le\'y and aj)p:Jrtion upon each and every lot, piece and parcel of land within the boundaries of the as~cssmcrt district the amount by which each of said lots, nieces or parcels of land is bene- fited by the improvements and acquisitions. The ar'Ollnt of the assessment which is levied and apportioned u~on each and every -3- lot, r i e c e an J par eel 0 f 1 an c1 IV i t h i nth e b 0 U1Hh r i (' 5 0 f t 11 e a ~ s e S 5 - men t d j 5 t r i c tis ass h 0 I'm 0 nth e ass C S 5 In e n t . a t t (l c h c c1 ton. n d In C1 d e a part of the Amended Engineer's Rerort adonted bv this Resolution. The City Council of the City of Tiburon herel~y finds ~nd cletcr- m i n est hat cae h 0 f s a i J lot s, pie c e s 0 I' P n. r eel s 0 f 1 and \.; i t h i n the bOllnd:-!ries of said district is henefited in the arlOunt and in the proportion of the total cost of the improvements and acquisitions plus incidental expenses, w11i.ch each of said lots, pieces or p~Ycels of land has heen assesseD in said Amended Engineer's Report. 7. Collections of assessnents sh(111 he made hy the City Treasurer of the City of Tiburon. 8. In the event anv surplus remai:1s In the Ir:mrove- ment Fund after the completion of the improvements and acquisi- tions and the payment of all claims from the Improvement Fund, said surplus shall be transferred to the general fund of the City if it does not exceed the lesser of $1,000.00 or 5 per cent of thi; total amount expenc1ecJ from the Impro'.rement Fund: other- wise said surplus shall be apr1ied as a credit upon the 85SC'SS- ment in the ffi3.nnCr provided ir.. Section 10427.1 of the Streets and Highways Code. * * * - 4 - I HIRE]) CEF-TIP' that the fnrer:o j;~ Resolution ,\';3.5 duly and regularly :"luot' ed bv the Cit~' Council (1 the City of TibuT0n,' :.larin COt'TItv, Cali ornia, at a re~ular Ploet ng tbereof, held on the 22nrl da;.' of JanuClrv, 19(')8, by the f01lo,':ina, VDtc, to "fit: AYES: Councilnen Bremer, Harvey, Hoffmire ---------.--.----------.---- ------- ~-~--_..---- NOES: Councilmen None ABSE~:T : Counc i 1 J;:en Drohan, Fanning ----------------.----- ._----_..---_.~-- -~--_._-_._--~ LM~RE~CE D. ROSE, City Clerk, City of Tihuron, Marin (Clint;:, ( a 1 i f 0 rn i a . - 5-