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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 · 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: