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HomeMy WebLinkAboutTC Res 2005-12-15 . ,-- RESOLUTION NO. 62-2005 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF T1BURON REQUESTING CONSENT OF THE BOARD OF SUPERVISORS OF THE COUNTY OF MARIN FOR EXTRA-TERRITORIAL JURISDICTION TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS UNDER SECTION 10103 OF THE STREETS AND HIGHWAYS CODE TOWN OF T1BURON Lyford Cove Utilities Undergrounding Supplemental Assessment District RESOLVED by the Town Council (the "Council") of the Town of Tiburon (the "Town"), County of Marin (the "County"), State of California, that: WHEREAS, this Council intends to undertake special assessment proceedings under the Municipal Improvement Act of 1913, Division 12, California Streets and Highways Code (as modified by Section 53753 of the California Government Code) (the Act") for the Town's Lyford Cove Utilities Undergrounding Supplemental Assessment District (the "Supplemental Assessment District") to provide for the undergrounding of existing overhead utilities (the "Improvements") under and as described in its Resolution of Intention to Make Acquisitions and Improvements (the "Resolution of Intention") attached hereto as Exhibit A and hereby made a part hereof; ,-..., WHEREAS, to pay for the Improvements, the Town proposes to assess the costs and expenses thereof on the Supplemental Assessment District, the exterior boundaries of which are shown on the Map of Proposed Boundaries of the Supplemental Assessment District (the "Boundary Map") on file in the office of the Town Clerk and a copy of which is attached hereto as Exhibit B and made a part hereof; WHEREAS, a portion of the Improvements proposed to be made and a portion of the lands proposed to be included in the Supplemental Assessment District being outside of the boundaries of the Town and being within the unincorporated territory of the County, the Town must request the consent of the County under Section 10103 of the Act; and WHEREAS, the acquisitions and improvements to be made are of such a character that they will directly and peculiarly affect property not only within the boundaries of the Town but also unincorporated territory within the County and the purposes sought to be accomplished can best be accomplished by a single comprehensive scheme of work. NOW, THEREFORE, IT IS ORDERED, as follows: 1. Recitals. The foregoing recitals are all true and correct and are incorporated in these orders. ,.-- 2. Request for Jurisdiction. The Town respectfully requests that the Board of Supervisors of the County it being the legislative body having jurisdiction over the unincorporated territory in which a portion of the Improvements are to be made and the assessments are to be levied, grant to this Council its consent, expressed by resolution, to the conduct of proceedings under the Act for the Supplemental Assessment District, including the assessment of the costs Improvements upon the properties within the unincorporated area of .r-. the County specially benefited thereby and the assumption of jurisdiction solely for such purposes. 3. Resolution of Intention. The Town respectfully requests that the form of Resolution of Intention attached as Exhibit A and the Boundary Map attached as Exhibit B be approved by the Board of Supervisors of the County upon the express understanding that the County shall in no way be liable for the conduct of proceedings for, the levy of assessments in or the payment of costs incidental to the Supplemental Assessment District. 4. Filings Directed. The Town Clerk is hereby directed to file with the Clerk of the Board of Supervisors of the County a certified copy of this resolution, together with a copy of the form of Resolution of Intention and a copy of the Boundary Map. 5. Effective. This resolution shall take effect upon its adoption. ************ PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of Tiburon, State of California, on this 15th day of December, 2005, by the following vote to wit: - AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS COUNCILMEMBERS Berger, Fredericks. Gram, Slavitz, Smith None None '~~~ rc-s PAUL SMITH,'MAYOR TOWN OF TIBURON A~ DIANE CRANE IACOPI, OWN CLERK ************ -- 2