HomeMy WebLinkAboutReso 2644-1958RESOLUTION NO. 2644
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT,
CONFIRMING THE ASSESSMENT AND ORDERING THE WORK
MADRONE AVENUE
RESOLVED, by the City Council of the City of South San Francisco,
California, that
WHEREAS, on the 7th day of April, 1958, said Council adopted its Resolution
of Intention No. 2608 to construct public improvements in said City, and referred the
proposed improvements to the Director of Public Works 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 competent person
appointed by said Council for that purpose;
WHEREAS, said Council thereby directed said Director of Public Works to make
and file with the City Clerk of said City a report in writing in accordance with and
pursuant to the Municipal Improvement Act of 1913, as amended;
WHEREAS, said report was duly made and filed with the City Clerk of said
City, whereupon said Clerk presented it to the Council for consideration;
WHEREAS, said Council thereupon duly considered said report and each and
every part thereof and found that it contained all the matters and things called for
by the provisions of said Act, including (1) plans and specifications of the proposed
improvement, (2) estimate of costs, (3) diagram of district, and (4) an assessment
according to benefits, all of which was done in the form and manner required by said Act;
WHEREAS, said Council found that said report and each and every part thereof
was sufficient in every particular and determined 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..May, 1958, 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 hearing protests in relation to said proposed im-
provements, and directing the City Clerk of said City to gi!e 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 by said Act, as evidenced by
the. affidavits on file with said City Clerk, whereupon said'hearing was duly and regularly
held at the time and place stated in said notice; and
WHEREAS, no persons interested, objecting to said improvements, or to the extent
of the assessment district, or to the proposed assessment or diagram, or to the grades at
which said work will be done, or to the Engineer's estimate of the costs and expenses
thereof, filed written protests with the City Clerk of said City at or before the time
set for hearing, and all persons interested desiring to be heard were given an opportun-
ity to be heard, and all matters and things pertaining to said improvements were fully
heard and considered by said Council, and said Council has acquired jurisdiction to order
said improvements and the confirmation 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 proposed'improvements as a whole, or against the said district or the
extent thereof to be assessed for the costs and expenses of said improvements as a whole,
or as to the Engineer's EStimate of said costs and expenses, or against the diagram or
assessment to pay for the costs and expenses thereof.
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2. That the district benefited by said improvements and to be assessed to pay
the costs and eXpenses thereof, and the exterior boundaries thereof are more particularly
described in said Resolution of Intention and made a part hereof by reference thereto.
That all public streets and highways within said assessment district in use in the per-
formance of a public function as such shall be omitted from said district and from the
levy and collection of the special taxes to be hereafter levied and collected to cover
the costs and expenses of said improvements.
3. 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 Resolution of In-
tention.
4. That the Engineer's estimate of the itemized and total costs and expenses
of said improvement~, andof the incidental expenses in connection therewith, contained
in said report, be, 'and it is hereby, finally adopted and approved as the Engineer's
total and detailed estimate of the costs and expenses of said improvements.
5. That the public interest and convenience require, and said Council does
hereby order the improvements to be made as described in and in accordance with said
Resolution of Intention on file in the office of the City Clerk of said City, reference
to which is hereby made for a more particular description of said improvements, and also
for further particulars pursuant to the provisions of said Municipal Improvement Act of
1913, as amended.
6. 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
subdivisions of land within said district as the same 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 improvements.
7. That the assessment of the total amount of the costs and expenses of the
proposed improvements upon the several subdivisions of land in said district in propor-
tion to the estimated benefits to be received by said subdivisions, respectively, from
said improvements, and of the expenses incidental thereto, contained in said report, be,
and the same is hereby, finally approved and confirmed as the assessment to pay the costs
and expenses of said improvements.
8. That said Engineer's report be, and the same is hereby, finally adopted and
approved as a whole.
9. That the City Clerk shall forthwith deliver to the Superintendent of Streets
the said assessment, together with said diagram thereto attached and made a part thereof,
as confirmed by this Council, ~ith his certificate of such confirmation thereto attached
and of the date thereof; and that said Superintendent of Streets shall forthwith record
said diagram and:assessment in his office in a suitable book to be kept for that purpose,
and append thereto his certificate of the date of such recording, and such recordation
shall be and constitute the assessment roll herein.
10. That said Superintendent of Streets, upon the recording of said diagram
and assessment, shall mail to each owner of real property within the assessment district
at 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 of said City, or to both addresses if said address is not
the same, or to the general when no address so appears, a statement containing a desig-
nation by street number or other description of the property assessed sufficient to enable
the owner to identify the same, the amount of the assessment, the time and place of pay-
ment thereof, 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 installment.of which bonds shall mature fourteen (14) years from the
second day of July next succeeding ten (10) months from their date.
11. That said Superintendent of Streets shall also give notice by publishing a
copy of a Notice to Pay Assessments by three successive insertions in the Enterprise-
Journal a newspaper published in said City that sa£d.assessment has been recorded in his
office, and that all sums assessed thereon are due and payable immediately, and that the
payment of said sums is to be made thirty (30) days a~ter the date of recording said assess-
ment, which date shall be stated in said notice, and 9f the fact that bonds will be issued
upon'unpaid assessments as above provided.
I hereby certify that the foregoing resolution was regularly
introduced and adopted by the City Council of theCity of South San Francisco
at a regular meeting held this 19th day of May, 1958, by the following vote:
AYES, COuncilmen G. J. Rozzi, Andrew Rocca, Leo J. Ryan and Patrick E. Ahern.
NOES, None
ABSENT, Councilman Emilio Cortesi
ATTEST:
ARTHUR A. RODONDI
CITY CLERK