HomeMy WebLinkAboutTC Res 1991-04-08 (3)
RESOLUTION NO. 2777
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING AMENDED REPORT AND ASSESSMENT
AND ORDERING IMPROVEMENT
HILLHAVEN UNDERGROUNDING ASSESSMENT DISTRICT NO. 1990-2
The Town Council of the Town of Tiburon resolves:
This Council has taken a series of actions preliminary to
ordering the improvement in Hillhaven Undergrounding Assessment
District No. 1990-2, 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, 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:
Relocation of utility services within the proposed
assessment district (electricity, telephone and cable
television) from their present above-ground location 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.
Replacement of street lights affected by the elimination
of utility poles, but only if and to the extent the Town
determines to have street lights in the area.
Underground connections to the relocated utility services
for those homes within the assessment district whose
owners file a written election to include such work in
the assessment district.
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
1913. Affidavits of publication, posting and mailing were filed
with the Town Clerk.
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. 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,
where appropriate, their numbers. All documents are now on file
with the Town Clerk.
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Document or Event Date Number
a. Resolution approving boundary map 3/6/91 2767
b. Boundary map filed with County Recorder 3/18/91
c. Resolution of Intention 4/18/90 2698
d. Filing of Engineer's Report 3/6/91
e. Resolution accepting Report 3/6/91 2768
f. certificate of Mailing Notice of
Improvement 3/13/91
g. Affidavit of publication of Notice of
Improvement 3/15,11/91 Pub.
h. certificate of posting Notice of
Improvement 3/15/91
i. Public hearing conducted 4/8/91
j . Filing of Amended Engineer's Report 4/8/91
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. 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 not to exceed twenty-four
3
(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 an adjourned meeting of the Town
Council of the Town of Tiburon on April 8, 1991, by the following
vote:
AYES:
Councilmembers Coxhead, Friedman and Thayer
NOES:
None
ABSENT:
Councilmembers Kuhn and Logan
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