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RESOLUTION NO. 2822
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
FORMING UNDERGROUND UTILITY DISTRICT NO. 1990-2
(HILLHAVEN UNDERGROUNDING ASSESSMENT DISTRICT NO. 1990-2)
The Town Council of the Town of Tiburon Resolves:
1. This Council has conducted assessment proceedings under
the Municipal Improvement Act of 1913 (the "1913 Act") to form the
Hillhaven Undergrounding Assessment District No. 1990-2 (the
"Assessment District"). Reference is made to our Resolution No.
2777 of April 8, 1991 Approving Amended Report and Assessment and
Ordering Improvement (the "Formation Resolution"). The Formation
Resolution is incorporated herein by this reference in its entirety
and is expressly made a part hereof. The Formation Resolution
reflects the conduct of the public hearing, as well as this
council's overruling of protests to the undergrounding project, as
well as the fact that there was no majority protest under the 1913
Act to the project and the assessments. The Formation Resolution
also ordered the improvement, namely: the relocation to underground
locations of the electrical, telephone and cable TV wires and the
subsequent removal of the old, above-ground facilities including
their supporting poles, within the Assessment District.
2. That project is now nearing completion. Before the
existing poles can be removed, the connections between the
individual homes in the Assessment District and the new underground
facilities in the street, must be completed. It now has become
possible and appropriate to set a deadline for the completion of
those connections.
3. Acting under Chapter 12 of the Town Municipal Code, this
Council hereby designates the area within the Assessment District
as "Underground utility District No. 1990-2" (hereafter referred to
as the "utility District"). The Council finds, based on the public
hearing, that the public safety and welfare require undergrounding
of the utilities and the property connections within the utility
District. The boundary map of the Assessment District shall also
serve as the boundary map of the utility District. The boundary
map was approved by our Resolution No. 2767 of March 6, 1991 and is
on file with the Town Clerk. It is also recorded in the office of
the Marin County Recorder in the Book of Maps of Assessment and
Community Facilities Districts in Volume 3 at Page 67.
4. This Council hereby declares, under the authority of
Municipal Code ~12-3 and California Government Code ~38793, that
all owners of property within the utility District are required to
prepare their properties to accept underground utility lines, to
install the necessary underground utility connections, and to
remove their existing overhead utility connections by December 20,
1991.
5. The Town Clerk is hereby directed, within ten (lOr days of
the date hereof, to mail copies of this Resolution, copies of
Resolution No. 2777 incorporated herein by reference, and copies of
Chapter 12 of the Tiburon Municipal Code, to all owners of property
within the utility District as their names and addresses are shown
on the last equalized assessment roll, and to Pacific Gas and
Electric Company, Pacific Bell, and Viacom Cablevision. The Town
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Clerk is further directed to accompany the mailing with a cover
letter substantially in the form attached hereto as Exhibit A.
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PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Tiburon on November 19, 1991, by the following vote:
AYES:
Councilmembers Friedman, Coxhead, Logan, Kuhn
and Thayer
NOES:
None
ABSENT:
None
ATTEST:
By
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EXHIBIT A
Re: Undergrounding of utilities in Hillhaven
Individual Property Connections
Dear Property Owner:
Please be advised that the Town Council of the Town of Tiburon
adopted the enclosed Resolution No. on November 19, 1991. If
you or any person occupying your property desire to continue to
receive electric, telephone or cable TV service, you or the
occupants must provide all necessary facility changes on your
premises in accordance with the enclosed resolution (no later than
December 20, 1991) so as to receive such service from the lines of
the supplying utilities at the new underground locations.
Very truly yours,
~!~
cc: Pacific Gas and Electric Company
Pacific Bell
Viacom Cablevision