HomeMy WebLinkAboutTC Res 2000-01-19 (3)
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RESOLUTION NO. 3393
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TffiURON
AMENDING RESOL TUION NO. 3390, ACCEPTING PETITION AND
DETERMINING TO INITIATE SPECIAL
ASSESSMENT PROCEEDINGS
(UDDer Stewart Drive Undel'l!:roundinl! Assessment District)
WHEREAS, the owners or persons purporting to be the authorized representatives
of the owners of certain real property situated in the Town of Tiburon (the "Town") have filed
with the Town Clerk a petition, signed by or on behalf of such owners, requesting that the Town
undertake special assessment proceedings for the undergrounding of existing overhead utility
facilities and related appurtenant work and improvements described therein, the cost of which is
to be specifically assessed against each parcel of land benefitting from such work and
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improvements; and
WHEREAS, the petition contains an express waiver of statutory proceedings
under the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, as
provided in Section 2804 of the Streets and Highways Code of the State of California; and
WHEREAS, the Town Clerk has also received a certificate to the effect that the
petition has been signed by (a) persons owning more than five of the parcels of land to be
assessed and (b) persons owning parcels constituting more than sixty percent (60%) in area of
the land proposed to be assessed within tHe proposed assessment district; and
WHEREAS, this Town Council finds (a) that the owners of more than five of the
parcels of land to be assessed have signed the petition, (b) that the owners of more than sixty
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percent (60%) in area of the land subject to assessment for the proposed utility undergrounding
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r- work and improvements have signed the petition, and (c) that the petition contains the matters
required by Sections 2804 and 2804.5 of the Streets and Highways Code;
NOW, THEREFORE, THE TOWN COUNCIL HEREBY FINDS,
DETERMINES AND RESOLVES as follows:
1. The petition as filed with the Town Clerk is hereby found to be legally
sufficient and is accepted by this Town Council.
2. The special assessment proceedings shall be initiated by the terms of the
petition, said proceedings to be undertaken pursuant to the Municipal Improvement Act of 1913
and without further compliance with the Special Assessment Investigation, Limitation and
Majority Protest Act of 1931 (commencing with Section 2800 of the Streets and Highways
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Code).
3. The public interest and convenience will be served by the taking of such
proceedings.
4. This action is "final" within the meaning of Streets and Highways Code
. Section 3012.
BE IT FURTHER RESOLVED that while the Town Council previously adopted
Resolution No. 3390 on January 5, 2000, which accepted said petition and initiated assessment
proceedings, it now wishes to amend the name of the assessment district from "Little Reed
Heights" to the "Upper Stewart Drive Undergrounding Assessment District";
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PASSED AND ADOPTED by the Town Council of the Town of Tiburon at a
regular meeting thereof held on January 19, 2000, by the following vote:
AYES:
Councilmembers: Bach, Gram, Hennessy, Matthews, Thompson
NOES:
Councilmembers: None
ABSTAINING:
Councilmembers: None
ABSENT:
Councilmembers: None
TOM GRAM, MAYOR
TOWN OF TffiURON
A7/f~ ' .
DIANE CRANE IACO~ CLERK
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