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HomeMy WebLinkAboutTC Res 2005-03-16 ""''- r---. RESOLUTION NO. 11-2005 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PRELIMINARILY APPROVING ENGINEER'S REPORT AND DIRECTING RELATED ACTIONS Del Mar Valley Utility Undergrounding Assessment District RESOLVED, by the Town Council (the "Council") of the Town of Tiburon (the "Town"), County of Marin (the "County"), State of California, as follows: 1. Resolution of Intention. On June 4, 2003, this Council adopted its Resolution of the Town Council of the Town of Tiburon of Intention to Make Acquisitions and Improvements, (the "Resolution of Intention") under the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code of Califomia, (the "Act") to initiate proceedings under the Act in and for the Town's Del Mar Valley Utility Undergrounding Assessment District (the "Assessment District") for the making of certain publiC improvements (the "Improvements") as described in the Resolution of Intention. "....., 2. Engineer's Report. The Resolution of Intention referred the acquisitions and improvements described therein to the person designated therein as the Engineer of Work and directed the Engineer of Work to prepare and file with the Town Clerk a report (the "Engineer's Report") pursuant to the Act and containing information set forth in the Resolution of Intention, to which reference is hereby made for further particulars. 3. Engineer's Report Preliminarily Approved. The Engineer of Work has prepared and filed the Engineer's Report with the Town Clerk, and this Council with the aid of Town staff has reviewed the Engineer's Report, and hereby finds it to be sufficient for, and that it shall stand for purposes of subsequent proceedings for the Assessment District and the Engineer's Report is hereby preliminarily approved. 4. Public Hearing. Pursuant to the Act, this Council hereby orders that a public hearing be held before this Council, in the regular meeting place thereof, Town Hall Council Chambers, 1505 Tiburon Boulevard, Tiburon, Califomia, on May 18, 2005, at the hour of 7:30 p.m., for the purposes of this Council's determination whether the public interest, convenience and necessity require the Improvements, whether the properties in the Assessment District are specially benefited by the Improvements, the tabulation of special assessment ballots and the determination of the existence of any majority protest and this Council's final action upon the Engineer's Report and the assessments therein. The public hearing may be continued from time to time as determined by the Council. 5. Notice. The Town Clerk is hereby authorized and directed to cause notice of the hearing ordered under Section 4 hereof to be given by mailing, postage prepaid, in the United States mail, and such notice shall be deemed to have been given when so deposited in such mail. The envelope or cover of the mailing shall include the name of the Town and the return address of the Town Clerk as the sender. The mailed notice shall be given to all owners of property proposed to be assessed within the Assessment District as shown in the Engineer's Report by such mailing by name to those persons whose names and addresses appear on the "....., last equalized assessment roll of the County or the State Board of Equalization assessment -~ "....., ,--.., roll, as the case may be. The notice herein provided shall be mailed not less than forty-five (45) days before the date of the public hearing ordered under Section 4 hereof. The amount of the proposed assessment for each parcel shall be calculated and the record owner of each parcel shall be given written notice by mail of the proposed assessment, the total amount thereof chargeable to the entire Assessment District, the amount chargeable to the owner's particular parcel, the anticipated duration of payments for the assessment if bonded, the reason for such assessment and the basis upon which the amount of the proposed assessment was calculated. Each such mailed notice to owners shall contain a ballot which includes the property owner's name, identification of the parcel and support or opposition to the proposed assessment. Each notice shall include, in a conspicuous place, a summary of the procedures applicable to the completion, retum and tabulation of ballots, including a disclosure that the existence of a majority protest (whereby ballots submitted in opposition exceed those submitted in favor of the assessment, with ballots weighed according to proportional financial obligation of the affected property) will result in the assessment not being imposed. Each mailed ballot shall include a sealable retum envelope with the Town's address for receipt of the completed ballot. 6. Ballots. The Town Clerk is hereby designated as the impartial person, without a vested interest in the outcome of the assessment, responsible for the tabulation of the ballots. The Town Clerk shall maintain a separate and secure file for the safekeeping of the assessment ballots as they are received and pending tabulation. Ballots shall be received up to the time of the closing of the publiC hearing. Ballots shall remain sealed until the close of the public hearing and the beginning of the tabulation, provided that ballots may be submitted, or changed, or withdrawn by the person submitting the ballot prior to the conclusion of the public hearing. During and after tabulation, the ballots shall be disclosable publiC records under Section 6252 of the Califomia Govemment Code. 7. Boundary Map. The proposed boundaries of the proposed Assessment District are hereby described as shown on a map thereof on file in the office of the Town Clerk (the "Boundary Map"), which indicates by a boundary line the extent of the territory to be included in the proposed Assessment District and which Boundary Map shall govem for all details for further purposes of the proceedings for the Assessment District and to which reference is hereby made for further particulars. The Town Clerk is hereby authorized and directed to endorse upon the original and at least one copy of the Boundary Map the date of the filing thereof and date and adoption of this resolution and to cause a copy of the Boundary Map to be filed with the County Recorder of the County within fifteen (15) days of the adoption of this resolution, but in no event later than fifteen (15) days before the date of the public hearing ordered under Section 4 hereof. The County Recorder shall endorse upon the Boundary Map the time and date of filing and shall fasten the same securely in a book of maps of assessment and community facilities Assessment Districts which the County Recorder shall keep in his or her office. The County Recorder shall index the Boundary Map by the name of the Town and by the distinctive designation of the proposed Assessment District. 8. Effective. This resolution shall be effective upon its adoption. ************ r". - 2- "....., --- --- - ~ PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of Tiburon, State of Califomia, on this 16th day of March, 2005, by the following vote to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS COUNCILMEMBERS /'. ATTESTV /" t/ / _ I ,/. /2~~ DIANE'CRANE IACOPI, TOWN C ERK Berger, Fredericks, Gram, Slavitz, Smith None None - 3-