HomeMy WebLinkAboutReso 5173-1969 RESOLUTION NO. 5173
A RESOLUTION OF DETERMINATION, UNDER DIVISION 4
OF THE STREETS AND HIGH'gAYS CODE, TO PROCEED
WITH PROCEEDINGS FOR IMPROVEMENTS
ARMOUR - LINDEN STORM DRA_-N ASSESSMENT DISTRICT
RESOLVED, by the City Council of the City of South
San Francisco, California, tha~
WHE~S, in accordance wi~h the order of this Council, a
report has been filed with this Council pursuant to Division
4 of the Streets and Highways Code for the construction of the
following public improvements in and for said City:
The construction of storm drainage pipes and all
necessary appurtenances in an existing storm drain
easement extending generally along the rear lot
lines of parcels of land fronting on Linden Avenue
Extension, from an existing box structure located
about 60 feet southeasterly of the northwesterly
line of Assessor's Parcel No. 12-102-02, and running
thence southeasterly abou~ 550 feet to the lands of
the Pacific Gas and Electric~ Company;
WHEREAS, Monday, the 6th 'cay of October, 1969, at the
hour of 8:00 o'clock P.M., in ~he Council Chambers, City Hall,
South San Francisco, California, were fixed by this Council
as the time and place for hear-Zng upon said report; and notice
of said hearing has been duly given to all persons interested
in the manner and for the time provided by law, as appears from
the affidavits thereof on file with the City Clerk;
WHEREAS, this Council determined that said report should
be heard before this Council, it being the legislative body
of said City, and at said hearLng on the report, the report,
except as to the map, plat or diagram and the assessed valua-
tions, true valuations and estimated assessments upon each
parcel of land, was read before protests were considered; and
WHEREAS, all persons interested desiring to be heard were
fully heard, and all oral protests or objections made at the
hearing to the ordering of the things proposed to be done,
and all written protests to the ordering of said things or
relating to the regularity of sufficiency of the proceedings
setting forth the irregularity or defect to which objections
were made, and which were file~ with the City Clerk of this
City at or before the time fixed for the hearing, were fully
heard and considered by this Council;
NOW, THEREFORE, IT IS ORDERED, as follows:
1. That said improvements constitute a single compre-
hensive scheme for the construction of said improvements as
described in the Resolution of Preliminary Determination for
these proceedings heretofore adopted by this Council on the
2nd day of September, 1969.
2. That the owners of more than one-half of the area
of 'the~ property to be assessed for the improvements have not
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filed with the Clerk of this City, at or before the time fixed
for said hearing, or at all, written protests or objections
to the ordering of the things ~roposed to be done, contained
in ~'said report.
B. That~' the owners of more than one-half of said area
to be assessed have not, either orally or in writing, pro-
tested or objected to the ordering of said things proposed to
be done, and that each and all of said protests are hereby
overrule d o
4o That said report and proceedings heretofore had
thereon or therefor are valid ~nd fully conform with the pro-
visions of Division 4 of the Streets and Highways Code, and
all protests in writing relating to the regularity or suffi-
ciency of the proceedings, filed with said Clerk at or before
the time fixed for said hearing, are hereby overruled.
5. That the public interest, convenience and neces-
sity require the improvements set forth in said report, that
said proposed project is feasible and that the lands to be
assessed therefor will be able to carry the burden of such
proposed assessments, and the limitations on the amounts of
the assessments provided for in said Division 4 may be dis-
regarded, both with respect to the limitations on the district
as a whole, and as to the limitations on .individual specified
assessments.
6. That the lands proposed to be specially assessed to
pay the costs and expenses of said improvements, are all as
shown on the diagram of the proposed assessment district,
which is a part ~of the report of the Director of Public Works
of said City.
7. That proceedings for the construction of said
improvements will be had pursuant to the Special Assessment
Investigation, Limitation and NaJority Protest Act of 1931
and the Municipal Improvement Act of 1913, and the bonds upon
the unpaid assessments will be issued pursuant to the Improve-
ment Bond Act of 1915.
I hereby certify that the foregoing resolution was regularly intro-
duced and adopted by the City Council of the City of South San Francisco
at a regular meeting held this 6th day of October, 1969, by the following
vote:
AYES, COUNCILMEN
NOES, "
ABSEIIT, "
Frank J. BertuceLli, Patrick E. Ahern, F. Frank ~mmini,
Andrew Rocca, and Warren Steinkamp.
None.
None.
ATTEST: