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HomeMy WebLinkAboutTC Res 2003-05-07 I?' I RESOLUTION NO. 11-2003 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TlBURON REQUESTING CONSENT OF THE BOARD OF SUPERVISORS OF THE COUNTY OF MARIN FOR EXTRA-TERRITORlAUURlSDICTION TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS UNDER SECTION 10103 OF THE STREETS AND HIGHWAYS CODE TOWN OF TlBURON Lyford Cove Utilities Undergrounding Assessment District RESOLVED by the Town Council (the "Council") of the Town of Tiburon (the "Town"), County of Marin (the "County"), State of Califomia, 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 Acf) for the Town's Lyford Cove Utilities Undergrounding Assessment District (the "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; i. WHEREAS, to pay for the Improvements, the Town proposes to assess the costs and I/'""' expenses thereof on the Assessment District, the exterior boundaries of which are shown on I the Map of Proposed Boundaries of the 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 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. /'""' r l~ I , , (--- 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 Assessment District, including the assessment of the costs Improvements upon the properties within the unincorporated area of 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 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 7ttl day of May, 2003, by the following vote to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS COUNCILMEMBERS Berger, Fredericks, Gram, Slavitz, Thompson None None ~ JEF VITZ, R TO FTI '"' n CLERK D -2- RESOLUTION NO. /""' A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON OF INTENTION TO MAKE ACQUISITIONS AND IMPROVEMENTS TOWN OF TlBURON Lyford Cove Utility Underaroundina 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. Intention. The public interest, convenience and necessity require, and that it intends to order the making of the acquisitions and improvements described in Exhibit "A" attached hereto and made a part hereof in and for the Town's proposed Lyford Cove UtilityUndergrounding Assessment District (the "Assessment District"). 2. Law Applicable. Except as herein otherwise provided for the issuance of bonds, all of the work shall be done as provided in the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code of California (the" Act"). 3. Nature ahd Location of and Grades for Improvements. All of the work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations, as shown and ,-.. delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. There is to be excepted from the work above described any of such work already done to line and grade and marked excepted or shown not to be done on the plans, profiles and specifications. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersections of the public ways referred to are included to the extent that work is shown on the plans to be done therein. The streets and highways are or will be more particularly shown in the records in the office of the County Recorder of the County and shall be shown upon the plans. 4. Change of Grade. Notice is hereby given of the fact that in many cases the work and improvements will bring the finished work to a grade different from that formerly existing, and that to the extent the grades are hereby changed and that the work will be done to the changed grades. 5. Work on Private Property. In cases where there is any disparity in level or size between the improvements proposed to be made herein and private property and where it is more economical to eliminate such disparity by work on the private property than by adjustment of the work on public property, it is hereby determined that it is in the public interest and more economical to do such work on private property to eliminate such disparity. In such cases, the work on private property shall, with the written consent of the owner of the property, be done and the actual cost thereof may be added to the proposed assessment of the lot on which the work is to be done. ,-.. XXHIBITNO.A- , . ",....... (e) A diagram showing, as they existed at the time of the passage of this Resolution, all of the following: (1) The exterior boundaries of the Assessment District. (2) The boundaries of any zones within the Assessment District. (3) The lines and dimensions of each parcel of land within the Assessment District. Each subdivision, shall be given a separate number upon the diagram. The diagram may refer to the county assessor's maps for a detailed description of the lines and dimensions of any parcels, in which case those maps shall govern for all details concerning the lines and dimensions of the parcels. ",....... (f) A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the several subdivisions of land in the Assessment District in proportion to the estimated benefits to be received by each subdivision, respectively, from the improvement. The assessment shall refer to the subdivisions by their respective numbers as assigned pursuant to subdivision (e). When any portion or percentage of the costs and expenses of the acquisitions and improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of the acquisitions and improvements, and the assessment shall include only the remainder of the estimated cost and expenses. 11. Use of Surplus. If any excess shall be realized from the assessment it shall be used, in such amounts as this Council may determine, in accordance with the provisions of the Act, for one or more of the following purposes: (a) Transfer to the general fund of this Town, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or 5% of the total amount expended from the improvement fund; (b) As a credit upon the assessment and any supplemental assessment or for the redemption of bonds, or both; or (c) For the maintenance of the improvements. 12. Contact Person. Patrick Echols, Town Engineer, is hereby designated as the person to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during regular office hours at Town Hall, 1505 Tiburon Blvd., Tiburon, California 94920, or by calling telephone number (415) 435-7388. t'" 13. Contracts with Others. To the extent that any of the work, rights, improvements and acquisitions indicated in the Engineer's Report, to be made as provided herein, are shown to be connected to the facilities, works or systems of, or are to be owned, managed and controlled by, any public agency other than this Town, or of any public utility, it is the intention of this Council to enter into an agreement with such public agency or public utility pursuant to Chapter 2 (commencing with Section 10100) of the Act, which agreement may provide for, - 3- /""'. I"'" /""' among other matters, the ownership, operation and maintenance by such agency or utility of the works, rights, improvements and acquisitions, and may provide for the installation of all or a portion of such improvements by the agency or utility and for the providing of service to the properties in the area benefiting from the work, rights, improvements and acquisitions by such agency or utility in accordance with its rates, rules and regulations, and that such. agreement shall become effective after proceedings have been taken for the levy of the assessments and sale of bonds and funds are available to carry out the terms of any such agreement. 14. Improvement Bonds. Notice is hereby given that serial and/or term improvement bonds (the "Bonds") to represent unpaid assessments, and bear interest at the rate of not to exceed such rate of interest as may be authorized by applicable law a the time of sale of such bonds, will be issued hereunder in the manner provided by the Improvement Bond Act of 1915, Division 10 of the Califomia Streets and Highways Code (the "Bond Law"), the last installment of which bonds shall mature not to exceed thirty (30) years from the second day of September next succeeding their date. The bonds shall be issued in such series and shall mature in such principal amounts at such times as shall be determined by this Council at the time of the issuance of such bonds. The provisions of Part 11.1 of the Bond Law, providing an altemative procedure for the advance payment and calling of bonds, shall apply to the bonds issued in these proceedings. It is the intention of this Council to create a special reserve fund pursuant to and as authorized by Part 16 of the Bond Law. It is the intention of the Town that the Town will not obligate itself to advance available funds from the treasury of the Town to cure any deficiency in the redemption fund to be created with respect to the bonds; provided, however, that a determination not to obligate itself shall not prevent the Town from, in its sole discretion, so advancing funds. 15. Refunding of Bonds. The bonds may be refunded pursuant to the provisions of Division 11.5 of the Califomia Streets and Highways Code upon the determination of the Council of the Town that the public interest or necessity requires such refunding. Such refunding may be undertaken by the Council when, in its opinion, lower prevailing interest rates may allow reduction in the amount of the installments of principal and interest upon the assessments given to owners of property assessed for the works herein described. The refunding bonds shall bear interest at a rate not to exceed that which is stated in the resolution of the Council expressing its intention to issue the refunding bonds, which resolution of intention shall also set forth the maximum term of years of the refunding bonds. The refunding shall be accomplished pursuant to Division 11.5 (commencing with Section 9500) of the Califomia Streets and Highways Code, except that, if, following the filing of the report specified in Section 9523 and any subsequent modifications of the report, the Council finds that each of the conditions specified in the resolution of intention to issue the refunding bonds is satisfied and th~t ~djustments to the assessments are on a pro-rata basis, the Council may approve and Cj)nfilm the report and may, without further proceedings, authorize, issue and sell the refunding bonds pursuant to Chapter 3 (commencing with Section 9600) of Division 11.5 of the Califomia Streets and Highways Code. 16. Division 4. Reference is hereby made to proceedings had pursuant to Division 4 of the Streets and Highways Code of Califomia which are on file in the office of the Town Clerk. It is the intention of this Council to comply with Division 4 of the Streets and Highways Code of Califomia by proceeding under Part 7.5 thereof. To that end, the Engineer of Work is hereby directed to include in the Engineer's Report all of the material specified by such Part 7.5 and for which the total true value shall be estimated as the full cash value of the parcels of land in the Assessment District as shown on the last equalized assessment roll of the County, or altematively, by means of a current appraisal on such terms as may be prescribed by this Council. -4- ~ 17. No Private Contract. Notice is hereby given that, in the opinion of this Council, the public interest will not be served by allowing the property owners to take the contract for the construction of the improvements and therefore that, pursuant to Section 20487 of the California Public Contract Code, no notice of award of contract shall be published. 18. Reimbursement Declaration. The Town intends to issue the Bonds, which are "Obligations" under United States Income Tax Regulations section 1.150-2 (the "Regulations"), in the maximum principal amount of approximately $---- to finance all or a portion of the costs of the Improvements. The Council hereby declares that the Town reasonably expects to use a portion of the proceeds of the Bonds for reimbursement of expenditures for the Improvements that are paid before the date of issuance of the Bonds. This section of this resolution shall be solely for the purpose of complying with the provisions of the Regulations and shall not be deemed an approval of all or any part of the Assessment District or a commitment on the part of this Council to issue any or all of the Bonds or otherwise provide for financing. 19. Professionals Appointed. The Town hereby appoints Jones Hall, A Professional law Corporation, San Francisco, California, as bond counsel, and Wulff, Hansen & Co., San Francisco, California, as underwriter. The Town Manager andlor Town Attorney are hereby authorized and directed to enter into agreements with such firms for their services to the Town for the Assessment District and the issuance, sale and delivery of the Bonds. 20. Effective. This resolution shall be effective upon its adoption by the Council. ~ PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of Tiburon, State of California, on this day of , 2003, by the following vote to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS COUNCILMEMBERS JEFF SLAVITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK -- -5- r -< \I () .ft) .~ c Z CJ m ft) @ ft) () c Z CJ z @ \J ft) () L m (\ -\ 1iI0.000. 111m I ~ . (\ () < rn .~ .....~-l "~~\\ > . '. ~ .~' ~. Q;+ \J\ (\ )- r .r.' - Q . -" () 0 Q Q " 0 \11 Q "- UI 0 "- Q () III @ M ~ t3 ~ ,,';) p /'""' r" /'""' -' EXHIBIT A TOWN OF TIBURON Lyford's Cove Undergrounding Assessment District DESCRIPTION OF IMPROVEMENTS Within the Town of Tiburon, (the "Town") County of Marin, State of California, the construction and acquisition of the following public improvements, including the acquisition of all lands, easements, rights-of-way, licenses, franchises, and permits and the construction of all auxiliary work necessary and/or convenient to the accomplishment thereof in accordance with plans and specifications to be approved by the Town: Within the area of the Lyford's Cove Assessment District and in and along all or portions of Paradise Drive, Solano Street, Centro East Street, Spanish Trail, Agreste Avenue, Vista Del Mar Lane, Linda Vista Avenue, and Mar East Street, as more particularly shown on the proposed Boundary Map of the Lyford's Cove Assessment District on file in the office of the Town Clerk, the installation of new, underground facilities to replace such utility lines, including all required removal of pavement, trenching, backfilling, repaving, installation of substructures, conduits, pull boxes, vaults and appurtenances and the removal of existing overhead electric, telephone and CATV utility lines, including existing, transformers and other overhead structures. ... <. -6-