HomeMy WebLinkAboutTC Res 1990-01-17 (3)
RESOLUTION NO. 2667
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING AMENDED REPORT AND ASSESSMENT
AND ORDERING IMPROVEMENT
VIA CAPISTRANO ASSESSMENT DISTRICT NO. 1990-1
The Town Council of the Town of Tiburon resolves:
This Council has taken a series of actions preliminary to
ordering the improvement in Via Capistrano Assessment District No.
1990-1, Town of Tiburon, Marin County, California, and now makes
the following findings and orders:
1. The Council adopted a map showing the boundaries of the
land benefited by the proposed improvement. A copy of the boundary
map was filed in the office of the County Recorder of the County
of Marin in the Book of Maps of Assessment and Community Facilities
Districts.
2. The Council adopted its Resolution of Intention to order
the improvement described therein under the Municipal Improvement
Act of 1913, as later amended, and directed the Town Engineer, as
the Engineer of Work for the assessment district, to prepare the
report required by section 10204 of the Streets and Highways Code.
The improvement is generally described as follows:
The acquisition of improvements widening Via Capistrano
by 4' approximately 700' in length with retaining walls,
curbs, gutters, paving, striping and signage, as
required, for changing the street from one-way to a two-
way street, utilities, and all appurtenances, as
necessary, for a complete scheme of improvements.
3. The Engineer of Work filed the report as directed, and the
Town Council called a hearing on the report as required by section
10301 of the Streets and Highways Code. Notice of the hearing was
given by publication, by street posting and by mailing to affected
property owners, all according to the Municipal Improvement Act of
with the Town Clerk.
1913. Affidavits of publication, posting and mailing were filed
4. At the time and place for which notice was given, the Town
Council conducted a public hearing and gave every interested person
an opportunity to object to the proposed improvement, the extent of
the assessment district, or the proposed assessment. The hearing
was continued from time to time. Following the hearing, at the
direction of the Town Council the Engineer of Work filed an amended
report.
5. The Council finds that written protests against the
proposed improvement have not been made by owners representing more
than one-half of the area of the land to be assessed for the
improvement.
6. The documents and events described in paragraphs 1 to 4,
inclusive, are stated here in tabular form, with their dates and,
with the Town Clerk.
where appropriate, their numbers. All documents are now on file
Document or Event
a. Resolution approving boundary map
b. Boundary map filed with County Recorder
c. Resolution of Intention
d. Resolution amending Resolution of Intention
e. Filing of Engineer's Report
f. Resolution accepting Report
g. Certificate of Mailing Notice of
Improvement
h. Affidavit of publication of Notice of
Improvement
i. certificate of posting Notice of
Improvement
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Date " Number
12/6/89 2659
12/15/89
12/6/89 2662
1/17/90 2666
12/6/89
12/6/89 2663
12/11/89
12/20/89
12/11/89
j. Public hearing continued
k. Public hearing continued
I. Public hearing conducted
1/3/90
1/9/90
1/17/90
7. The Council approves the Amended Engineer's Report and each
component part of it, including each exhibit incorporated by
reference in the report.
8. The Council finds that the Engineer of Work, in the Amended
Engineer's Report has fairly and properly apportioned the cost of
the improvement to each parcel of land in the assessment district
in proportion to the estimated benefits to be received by each
parcel, respectively, from the improvement. The Council hereby
confirms and levies each individual assessment as stated in the
Amended Engineer's Report.
9. This Council orders the improvement described in paragraph
2 and as detailed in the Amended Engineer's Report.
10. Serial bonds representing unpaid assessments, and bearing
interest at a rate not to exceed twelve percent (12%) per annum,
will be issued in the manner provided by the Improvement Bond Act
of 1915 (Division 10, Streets and Highways Code), and the last
installment of the bonds shall mature twenty-four (24) years from
the second day of September next succeeding twelve (12) months from
their date.
11. According to section 10603 of the Streets and Highways
Code, the Council designates the Finance Director to collect and
receive payment of the assessments.
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PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on January 17, 1990, by the
following vote:
AYES:
Councilmembers Coxhead, Shaw, Mayberry & Logan
NOES:
None
ABSENT:
Councilmember Duke
i\ ;.. /"
;J (..." l' " )/~~'~A..~,
PETER B. LOGAN, MAYOR
Town of Tiburon
ATTEST:
By ~~!l. ~.
THERESE M. HENNESSY, CLERK
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