HomeMy WebLinkAboutTC Res 2017-11-29 RESOLUTION NO. 35-2017
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON PRELIMINARILY APPROVING THE
ASSESSMENT ENGINEER'S REPORT AND FIXING THE
TIME AND PLACE OF THE PUBLIC HEARING FOR TOWN
OF TIBURON ASSESSMENT DISTRICT NO. 2017-1
(HAWTHORNE UNDERGROUNDING DISTRICT)
WHEREAS. by Resolution No. 0 1-2017 (the "Resolution of Intention") in the proceedings
for the formation of Town of Tiburon Assessment District No. 2017-1 (Hawthorne Undergrounding
District) (tile "Assessment District")this Town Council ordered a report (the "Report") prepared by
Harris & Associates (the "Assessment Engineer") in accordance with the provisions of the Municipal
Improvement Act of 1913 (the "1913 Act") to include the information required by Section 10204 of
the Streets and Highways Code, and in accordance with Part 7.5 of the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931, Streets and Highways Code Section 2960
el seq. (the "1931 Act") and to include the information required by Streets and Highways Code
Section 2961; and
WHEREAS, the Assessment Engineer has prepared the Report which includes the
information required under the 1913 Act and the 1931 Act and filed it with the Town Clerk, and the
Report has been presented to this Town Council for consideration; and
NOW, THEREFORE, The Town Council of the Town of Tiburon does hereby find, order
and resolve as follows:
SECTION 1. The above recitals, and each of them, are true and correct.
SECTION 2. The Report is preliminarily approved, and the Town Clerk is directed to
endorse the fact and date of such approval on the Report and to file the Report in her office. The
Report shall stand as the report for the purpose of Section 10204 of the Streets and Highways Code
and for all subsequent proceedings under the 1913 Act and Article XIIID of the California
Constitution ("Article XIIID"), except that it may be conformed, modified or corrected as provided
in the 1913 Act and Article XIIID.
SECTION 3. Pursuant to Section 2961 of the Streets and Highways Code and based on the
information set forth in the Report, this Town Council finds that the total amount of the principal
SUM of all unpaid special assessments levied against the parcels proposed to be assessed, other than
contemplated by the present proceedings, plus the principal amount of the special assessment
proposed to be levied in the instant proceedings, do not exceed one-half of the total value of the
parcels proposed to be assessed, as computed pursuant to paragraph (2) of subdivision (b) of Section
2961.
SECTION 4. A public hearing shall be held on February 7, 2018 at 6:00 p.m. at the regular
meeting place of the Town Council at Town Hall Council Chambers, 1505 Tiburon Boulevard,
Tiburon, California 94920 to hear and consider protests and objections to the proposed Assessment
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Toon Council Resohilioz Vo. 35-2017 11/29/2017
District and the Report and to receive and count the ballots for and against the proposed Assessment
District.
SECTION 5. At least 45 days prior to the public hearing referred to in Section 4 hereof, the
Town Clerk shall cause a notice of the public hearing referred to in Section 4 hereof to be mailed,
postage prepaid, to all persons owning real property proposed to be assessed and whose nares and
addresses appear on the last equalized County of Marin assessment roll or the State Board of
Equalization assessment roll, as the case may be. Such notice shall conform in all respects to the
provisions of Section 53753 of the California Government Code and Section 4 of Article XIIID.
SECTION 6. Not later than fifteen (15) days following the adoption of this Resolution, the
Town Clerk shall cause a copy of the map of the proposed boundaries of the Assessment District to
be recorded in the Office of the County Recorder for the County of Marin in accordance with the
requirements of Section 31 I l of the Streets and Highways Code.
SECTION 7. This Resolution shall take effect immediately upon its passage.
SECTION 8. The Town Clerk shall certify to the passage and adoption of this Resolution
and enter it into the book of original resolutions.
PASSED, APPROVED, and ADOPTED on this 29t" day of November, 2017, by the
following vote:
AYES: COUNCILMEMBERS: Fraser,O'Don-►ell
NAYS: COUNCILMEMBERS: Fredericks
DISQUALIFIED: COUNCILMEMBERS: KulikThiql
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ATTEST: �
LEA STEFAN , Town Clerk
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TOW17 Council Resolution No. 35—2017 11,29/2017