HomeMy WebLinkAboutTC Res 2010-05-19 (3)Recording Requested By:
TOWN OF TIBURON
Return to:
Tiburon Town Clerk
1505 Tiburon Blvd.
Tiburon, CA 94920
DOCUMENT TITLE
RESOLUTION NO. 25-2010:
RESOLUTION ABANDONING
PROCEEDINGS
Town of Tiburon
Del Mar Valley Utility Undergrounding
Supplemental Assessment District
MARIN COUNTY
RECORDER
JUN 0 2 2010
Marin County Assessor-Recorder
County of
Marin
JOAN C. THAYER
Assessor-Recorder
2818-OLW9 06/62/2818 16:43AM
REC FEE 8.88
TOTAL
LN
NO FEE 8.88
CAE 8.88
86/62/2818 19:43AN 2818868288833
a AR76UBYHi
Online. Anytime.
ww.co.marin.ca.us
Requested By:
Public
Recording Requested By:
TOWN OF TIBURON
Return to:
Tiburon Town Clerk
1505 Tiburon Blvd.
Tiburon, CA 94920
DOCUMENT TITLE
RESOLUTION NO. 25-2010:
RESOLUTION ABANDONING
PROCEEDINGS
Town of Tiburon
Del Mar Valley Utility Undergrounding
Supplemental Assessment District
MARIN COUNTY
RECORDER
JUN 0 2 2010
Marin County Assessor-Recorder
County of
Marin
JOAN C. THAYER
Assessor-Recorder
2818-OLW9 06/62/2818 16:43AM
REC FEE 8.88
TOTAL
LN
NO FEE 8.88
CAE 8.88
86/62/2818 19:43AN 2818868288833
a AR76UBYHi
Online. Anytime.
ww.co.marin.ca.us
Requested By:
Public
Recording Requested By:
TOWN OF TIBURON
Return to:
Tiburon Town Clerk
1505 Tiburon Blvd.
Tiburon, CA 94920
DOCUMENT TITLE
RESOLUTION NO. 25-2010:
RESOLUTION ABANDONING
PROCEEDINGS
Town of Tiburon
Del Mar Valley Utility Undergrounding
Supplemental Assessment District
MARIN COUNTY
RECORDER
JUN 0 2 2010
RESOLUTION NO. 25-2010
RESOLUTION ABANDONING PROCEEDINGS
Town of Tiburon
Del Mar Valley Utility Undergrounding
Supplemental Assessment District
WHEREAS, by resolution adopted on May 8, 2006, this Town Council (this
"Town Council") of the Town of Tiburon (the "Town") formed the Del Mar Valley Utility
Undergrounding Supplemental Assessment District (the "Original Supplemental District"),
approved the Final Engineer's Report respecting the Original Supplemental District (the "Final
Report"), and levied supplemental assessments (the "Original Supplemental Assessments")
upon the designated parcels in accordance with the Final Report; and
WHEREAS, formation of the Original Supplemental District was preceded by
formation by the Town on May 18, 2005, of its Del Mar Valley Utility Undergrounding
Assessment District (the "Original District"), with the boundaries of the Original District and
the Original Supplemental District being the same and with the utility undergrounding project
(the "Project") which is the subject of the Original District and the Original Supplemental
District being the same, generally described as the conversion to underground locations of
existing overhead utility facilities within said boundary; and
WHEREAS, by litigation initiated on June 16, 2005, the validity of the
assessments levied for the Original District (the "Original Assessments") was challenged, which
litigation has now been settled in March, 2010, by a court-approved litigation settlement
agreement (the "Settlement Agreement"), which led to entry of a Judgment by Stipulation on
March 23, 2010, thereby concluding the litigation respecting the Original District and the
Original Assessments; and
WHEREAS, formation of the Original Supplemental District and levy of the
Original Supplemental Assessments became necessary when the best construction bid for the
Project came in on March 6, 2006, at a bid amount significantly higher than estimated in the
engineer's report for the Original District, on the basis of which the amounts of the Original
Assessments were calculated, with the result that levy of the Original Supplemental
Assessments became necessary in order to fully fund the Project; and
WHEREAS, on May 18, 2006, the Town initiated a validation action in the
Marin County Superior Court (the "Superior Court") for the purpose of obtaining judicial
validation of the Original Supplemental Assessments pursuant to the provisions of Sections 860
through 870.5 of the California Code of Civil Procedure (the "Validation Proceedings"); and
WHEREAS, following a favorable ruling by the Superior Court in the Validation
Proceedings, upholding the validity of the Original Supplemental Assessments, the First District
Court of Appeals, by its opinion issued on December 31, 2009 (the "DCA Decision"), reversed
the Superior Court and ruled the Original Supplemental Assessments invalid; and
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WHEREAS, rather than pursuing an appeal of the DCA Decision to the
California State Supreme Court, at substantial additional expense to the Town and entailing
further substantial delay in the implementation of the reduced Project (as described in
subparagraph (a) immediately below), this Town Council finds and determines that it is in the
best interest of the Town, its inhabitants and the owners of the parcels within the Original
District and the Original Supplemental District to pursue implementation of an alternative
program consisting of three components, as follows:
(a) modification of the Original District, in conformity with the
Settlement Agreement, to (i) revise the boundary of the Original District to exclude
those parcels listed in Exhibit B of the Settlement Agreement and identified therein as
the "Deleted Parcels" (thereby creating the "Reformed Original District"), (ii) reduce the
scope of the Project and the related estimated Project cost to conform to the reduced area
of the Reformed Original District, (iii) reduce to zero the amount of the Original
Assessments which were levied on the Deleted Parcels, and (iv) refund to the owners of
the Deleted Parcels the amounts paid on account of the Original Assessments, with
interest to be calculated in accordance with the Settlement Agreement;
(b) abandonment of the Original Supplemental District, which is the
purpose of this resolution; and
(c) formation of a new supplemental district, to be known as the "Del
Mar Valley 2010 Supplemental Utility Undergrounding Assessment District" (the "New
Supplemental District"), with boundaries conforming to the Reformed Original District
and with the amount of the proposed new supplemental assessments (the "New
Supplemental Assessments") being calculated to supplement the moneys which will
remain available for the Project following the refunds described in subparagraph (a)
above to the owners of the Deleted Parcels to fully fund the Project, as reduced in scope,
and to pay the incidental expenses relating to the New Supplemental District and the
financing costs of the subordinate lien limited obligation improvement bonds (the
"Subordinate Bonds") to be issued and sold on the security of the New Supplemental
Assessments which remain unpaid following a cash payment period during which
owners of the parcels upon which a New Supplemental Assessment is levied may
prepay, without interest, and discharge the lien of the New Supplemental Assessment
prior to issuance of the Subordinate Bonds; and
WHEREAS, by this resolution this Town Council wishes to abandon the
proceedings for the Original Supplemental District and to provide for the recordation of a
certified copy of this resolution with the Marin County Recorder in accordance with Section
3117 of the California Streets and Highways Code, together with a Notice of Discharge of
Supplemental Assessment Lien, so as to discharge the lien of the Original Supplemental
Assessments;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF TIBURON
HEREBY FINDS, DETERMINES AND RESOLVES as follows:
1. The foregoing recitals are true and correct, and this Town Council hereby
expressly so finds and determines.
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abandoned. 2. The proceedings for the Original Supplemental District are hereby
3. Pursuant to Section 3117 of the California Streets and Highways Code,
the Town Clerk is hereby authorized and directed to provide for the recording of a certified copy
of this resolution with the Marin County Recorder. As further specified by Section 3117, the
following information pertains to the proceedings respecting the Original Supplemental District:
(a) The date of adoption of this resolution is May 19, 2010.
(b) The date of adoption of the resolution of intention for the Original
Supplemental District was February 1, 2006.
(c) The boundary map for the Original Supplemental District was
recorded on April 21, 2006, at Book 2006 of Maps, at page 096, as Document
No. 2006-0025334 in the official records of the Marin County Recorder.
(d) The Assessment Diagram for the Original Supplemental District
was recorded on May 22, 2006, at Book 2006 of Maps, at page 119, as Document
No. 2006-0032192 in the official records of the Marin County Recorder.
(e) The Notice of Assessment for the Original Supplemental District
was recorded on May 22, 2006, as Document No. 2006-0032193 in the official
records of the Marin County Recorder.
By the recordation of this resolution, the lien of the respective Original
Supplemental Assessments is hereby released and discharged and shall be of no further
force or effect.
4. This resolution shall take effect immediately upon adoption by this
Town Council.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon, State of California, held this 19th day of May, 2010, by the following vote:
AYES : COUNCILMEMBERS :
Collins, Fraser, Fredericks, O'Donnell,
Slavitz
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST:
DIANE CRANE IA I, TO CLERK
None
None
J.
f
(AICHARD COLLINS, MAYOR
TOWN OF TIBURON
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