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HomeMy WebLinkAboutReso 4899-1968RESOLUTION NO. 4899 A RESOLUTION AND ORDER ADOPTING,ENGINEER'S REPORT CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS' SOUTH AIRPORT BOULEVARD FIRE SERVICE ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of South San Francisco, California, that WHEREAS, on the 4th day of March, 1968, said Council adopted it Resolution of Intention No. 4810 to acquire and con- struct public improvements in said City, and referred the pro- posed acquisitions and improvements to the City Engineer of said City, he being the officer having charge and control of the construction of improvements in and for said City of the kind described in said Resolution of Intention and being a com- petent person appointed by said City for that purpose; WHEREAS, said Council thereby directed said City Engineer to make and file with the Clerk of City a report in writing in accordance with and pursuant to the Municipal Improvement Act of 1913; WHEREAS, said report was duly made and filed with the Clerk of said City, whereupon said Clerk presented it to the Council for consideration; WHEREAS, said Council thereupon duly cons'idered said report and .each and every part thereof and found that it con- tained all the ma.tters and things called for by the provisions of said Act, including (1) maps and descr, iptions of lands and easements to be acquired, (2) Plans and specifications of the proposed improvements, (3) estimate of costs, (4) dSagram of district, and (5) an assessment according 'to benefiSs, all of which was done in the form and manner required by said Act; ~EAS, said Council found that said report and each and every part thereof was sufficient in every particular and deter- mined that it should stand as the report for all subsequent proceedings under said Act, whereupon said Council, Pursuant to the requirements of said Act, appointed Monday , the 19th day of August , 1968, at the hour of 8:00 o'clock P .M., of said day in the CoUncil Chambers, City Hall, south San Francisco, California, as'the time and place for hear- ing protests in relation to said proposed acquisitions and~ improvements, and directing the City Clerk to give notice of said hearing as required by said Act; WHEREAS, it appears that notices of said hearing were duly and regularly posted, mailed and published in the time, form and manner required hy said Act, as evidenced by the affidavits on filewith said Clerk, whereupon said hearing was duly and regu- larly held at the time and place stated in said notice; and WHEREAS, one persons interested, obJecting to said acquisitions and ·improvements, or to thelextent of the assessment district, or to the proposed assessment or diagram or to the maps and descriptions or to the grades~at which said work will he.done, or to the Engineer's estimate of the costs and expenses thereof, filed written protests with the City Clerk at or before the time set for hearing, and all persons inter- ested desiring to he'heard were given an opportunity to be heard, and all matters and things pertaining to said acquisitions and improvements were fully heard and considered by said Council am~wereoverruled , and said Council has acquired Juris- diction to order said acquisitions and improvements and the con- firmation of said diagram and assessment to pay the costs and expenses thereof. NOW, THEREFORE, said Council does hereby FIND, DETERMINE and ORDER, as follows: 1. That the owners of one-half of.the area~to be assessed for the cost of the project did not, at or prior to the time fixed for said hearing file written protests against the said 2 proposed acquisitions and improvements as a whole, or against the said district or the extent~thereof to be assessed for the costs and expenses of said acqu£sitions and improvements as a whole, or as to the Engineer's estimate of said costs and expenses or against the maps and descriptions or against the diagram or assessment to pay for the costs and expenses thereof. 2. That the district benefited by said acquisitions and improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof are more particu- larly described in said Resolution of Intention and made a part hereof by reference thereto. That all public streets and high- ways within said assessment district in use in the performance of a public function as such shall be omitted from .said district and from the levy and collectionof the special taxes to be hereafter levied and collected to cover the costs and eXPenses of said acquisitions and improvements. B. That the plans and specifications for the proposed improvements, contained in said report, be, and they are hereby,.. finally adopted and approved as the plans and specifications to which said work shall be done as called for in said Resolu- tion of Intention. 4. That the Engineer's estimate of the itemized and total costs and expenses of said acquisitions and improvements, and of the~incidental expenses in connection therewith, con- tained in said report, be, and it is hereby, finally adopted and approved as theEngineer's total and detailed estimate of the costs and expenses of said acquisitions and improvements. 5. That the maps and descriptions of the lands and easements to be acquired, as contained in said report, be, and the same are hereby, finally approved and confirmed. 6. That the public interest and convenience require, ..and said Council does hereby order the acquisitions and improve- ments to be made as described in and in accordance with said B· Resolution of Intention on file in the office of the City Clerk, reference t& which is hereby made for a more particular descrip- tion. Of said 'acquisitions and improvements, and also for further particulars Pursuant to the provisions of said Municipal Improve- ment Act of 1913. 7. That the diagram showing the assessment district referred to .and described in said Resolution of Intention, and also the boundaries and dimensions of the respective subdivi- sions of land within said district as the s~e existed at the time of the passage of said Resolution of Intention, each of which subdivisions having been given a separate number upon said diagram, as contained in said report, be, and it is hereby, finally approved and confirmed as the diagram of the properties to be assessed to pay the costs and expenses of said acquiSi- tions and improvements. 8. That the assessment of the total~amount of the costs and expenses of the proposed acquisitions and improvements upon theseveral subdivisions of land in said district in proportion to the estimated benefits to be received by said subdivisions, respectively, from said acquisitions and improvements, and of the expenses incidental thereto, contained~in said report, be, and the same is hereby, finally approved amd confirmed as the assessment to pay the costs and expenses of said acquisitions and improvements.,' 9. That Said Engineer's report.be, ~nd the same is hereby, finally adopted and approved as a~whole, i 10. That the City Clerk shall forthwith deliver to the Superintendent 0f Streets the said assessment, together with said diagram thereto attached and made a part thereof, as con- firmed by this Council, with his certificate of Such-confirma- tion thereto attached and of the date thereof; and that said Superintendent of Streets shall record said diagram and assess- ment~ in his office in a suitable book to be kept for that purpose, 4 and append thereto his certificate of the ~ate of such record- ing, and such recordation shall be and constitute the assess- ment roll herein. ll. That said Superintendent, upon the reCording of s,aid diagram and assessment, shall mail to each owner of real prop- erty within the assessment district a~ his last known address as the same appears on the tax rolls of the City or on file in the office of the City Clerk, or to both addresses if said address'is not the s~e, or to the general delivery when no address so appears, a statement containing a designation by ~street number or other descriPtion of the property assessed sufficient to enable tee owner to identify the same, the amount of the assessment, the time and.place of payment there~f,.the~ effect of failure to pay within such time, and a statement of the fact that bonds will be issued on the unpaid assessments pursuant to the Improvement Bond Act of 1915, the last install- ment of which.bonds shall, mature fourteen (14) years from the second day of July next succeeding ten(10) months from their date~ 12. That said Superinte~denmtshailalse givenotlcebypub- lishing a copy of a Notice'to Pay Assessments by three succes- sive insertions in the Enterprise-Journal, a newspaper published in said City that said assessment has been recorded in his office, and that all sums assessed thereon areI due and Payable immediately, and that the payment of said sums is to be made thirty (30) days after'the date of recording said assessment, which date shall be stated in said notice, and of the fact that bonds'will be issued upon unpaid assessments as above pro- vided. hereby certify that the fforegoing Resolution was regularly introduced and adopted By the City Council. off the City off South San Francisco at a regular ~eeting held on the 19th day of August, 19~8, by the following vote: AYES, COUnCILmEN NOES ~ ABSEnt, " Frank J. Bertucelli, Patrick E. Ahern, F. Frank Ma~mini, Andrew Rocea, i and Warren Steinka~p. None. None ·