HomeMy WebLinkAboutTC Res 1994-01-19 (3)
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RESOLUTION NO. 2992
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
OF INTENTION TO ORDER IMPROVEMENT
LINDA VISTA UNDERGROUNDING ASSESSMENT DISTRICT NO. 1994-2
The Town Council of the Town of Tiburon resolves:
This Council intends to order the following
improvements under the authority of the Municipal Improvement Act
of 1913:
Relocation of utility services within the proposed
assessment district (electricity, telephone and cable
television) from their present above-ground locations
to below ground locations, together with all necessary
and appropriate equipment and appurtenances; and the
elimination of all existing utility poles and overhead
wires in the same area.
This Council finds that the land specially benefited by
the improvement is shown within the boundaries of the map
entitled, "Proposed Boundaries of Linda Vista Undergrounding
Assessment District No. 1994-2, Town of Tiburon, Marin County,
California." This map has been approved by the Town Council and
is now on file with the Town Clerk.
The land within the
exterior boundaries shown on the map shall be designated Linda
Vista Undergrounding Assessment District No. 1994-2, Town of
Tiburon, Marin County, California.
This Council intends to levy a special assessment upon
the land within the described district in accordance with the
special benefit to be received by each parcel of land,
respectively, from the improvement. There shall be omitted from
special assessment all public streets, alleys and places and all
land belonging to the United States, the State of California, the
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~ County of Marin, and this Town, and any other public ~gency now
~ in use in the performance of a public function.
Where any disparity occurs in level or size between the
improvement and private property, this Council determines that it
is in the public interest and more economical to eliminate the
disparity by doing work on the private property instead of
adjusting the work on public property. Accordingly, work may be
done on private property for this purpose with the written
consent of the landowner.
This Council intends to enter into an agreement with
Pacific Gas and Electric Company, Pacific Bell, and Viacom
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Cablevision under the provisions of Section 10110 of the Streets
and Highways Code, inasmuch as certain facilities included in the
improvement are to be under their ownership, management and
control.
This Council intends, pursuant to subparagraph (f) of
Section 10204 of the California Streets and Highways Code, to
provide for an annual assessment upon each of the parcels of land
in the proposed assessment district to pay various costs and
expenses incurred from time to time by the Town and not otherwise
reimbursed to the Town which result from the administration and
collection of assessment installments or from the administration
or registration of the improvement bonds and the various funds
and accounts pertaining thereto.
Bonds representing unpaid assessments, and bearing
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interest at a rate not to exceed twelve percent (12%) per annum,
will be issued in the manner provided by the Improvement Bond Act
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I""'""' of 1915 (Division 10, streets and Highways Code), and, the last
~ installment of the bonds shall matur~ not to exceed twentY-four
(24) years from the second day of September next succeeding
twelve (12) months from their date.
The procedure for the collection of assessments and
advance retirement of bonds under the Improvement Bond Act of
1915 shall be as provided in Part 11.1, Division 10, of the
Streets and Highways Code of the State of California.
The Town will not obligate itself to, and will not,
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advance available funds from the Town treasury to cure any
deficiency which may occur in the bond redemption fund.
This Council finds that the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931
(commencing with Section 2800, Streets and Highways Code) does
not apply to these proceedings.
This Council appoints I. L. Schwartz Associates, Inc.,
as Engineer of Work for this project, and directs the preparation
of the report required by Section 10204 of the Streets and
Highways Code, including the information specified in Section
2961(b) of the Streets and Highways Code.
In the opinion of this Council, the public interest
will not be served by allowing owners of assessable lands to
enter into a contract for the work of improvement as otherwise
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permitted in Section 20485 of the Public Contracts Code.
The amount of any surplus remaining in the improvement
fund after completion of the improvement and payment of all
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~ claims shall be distributed in accordance with the pr~visions of
~ Section 10427 of the Streets and Highways Code.
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PASSED AND ADOPTED at an adjourned regular meeting of
the Town Council of the Town of Tiburon on January 19, 1994, by
the following vote:
AYES:
Councilmembers: Thayer, Thompson, Nygren, Kuhn,
Friedman
NOES:
Councilmembers: None
ABSENT :
Councilmembers: None
t7< ,,~~
MICHAEL FRIEDMAN, MAYOR
Town of Tiburon
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By
CLERK
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