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HomeMy WebLinkAboutReso 2797-1959 RESOLUTION NOo 2797 A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS - INDUSTRIAL PARK UNIT NO. 2-C, ZONE 2 RESOLVED by the City Council of the City of South San Francisco, California, that WHEREAS, on the 18th day of May, 1959, said Council adopted its Resolution of Intention No. 2792 to acquire and construct public improvements in said City, and referred the proposed improvements to the Engineer of ~ork 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 per- son appointed by said Council for that purpose; WHEREAS, said Council thereby directed said Engineer of Work to make and file with the 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 tie 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 of the matters and things called for by the provisions of said Act, including (1) maps and descriptions of land and easements and all acquisitions to be made, (2) plans and specifications of the pro- posed improvements, (3) estimate Of costs, (4) diagram of district, and (5) an assess- ment according to benefits, all of which was done in the form and manner provided 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 1st day of June, 1959, at the hour of 8:00 o'clock p.m. of said day in the City Hall, South San Francisco, as the time and place for hearing protests in relation to said proposed acquisitions and improve- ments, and directing the Clerk of said City to give notice of said hearing as required by said Act; WHEREAS, petitioners have waived posting, and it appears that notices of said hearing were duly and regularly mailed and published in the time, form and manner evi- denced by the documents on file with said 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 acquisitions and improve- ments, or to the extent of the assessment district, or to the proposed assessment or diagram, or to the maps and descriptions, of acquisitions to be made, or to the grades at which said work will be done, or to the Engineer's estimate of the costs and ex- penses thereof, filed written protests with the Clerk of said City at or before the time set for hearing, and all persons interested desiring to be 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, and said Council has acquired jurisdiction to order said acquisitions and 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 fo1- lows 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 pro- tests against the said 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 acquisitions and improvements as a whole, or as to the Engineer's estimate of said costs and expenses, or against the maps and descriptions of acquisitions to be made, 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 particularly described in said Resolution of Intention and made a part hereof by reference thereto. That all public streets and highways within said assessment dis- trict in use in the performance 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 acquisitions and improvements. 3. That the plans and specifications for the proposed im~rovements con- tained in said report, be and they are hereby, finallv adopted and ~RpEoveO $$ the~ans and specifications.to which.said work s~all be done as called Ior in sala ueso~u~lon ~f In- ten~ion. WHEREAS, said Council thereby directed said Engineer of Work to make and file with the 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 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 of the matters and things called for by the provisions of said Act, including (1) maps and. descriptions of land and easements and all acquisitions to be made, (2) plans and specifications of the pro- posed improvements, (3) estimate Of costs, (4) diagram of district, and (5) an assess- ment according to benefits, all of which was done in the form and manner provided 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 1st day of June, 1959, at the hour of 8:00 o'clock p.m. of said day in the City Hall, South San Francisco, as the time and place for hearing protests in relation to said proposed acquisitions and improve- ments, and directing the Clerk of said City to give notice of said hearing as required by said Act; WHEREAS, petitioners have waived posting, and it appears that notices of said hearing were duly and regularly mailed and published in the time, form and manner evi- denced by the documents on file with said 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 acquisitions and improve- ments, or to the extent of the assessment district, or to the proposed assessment or diagram., or to the maps and descriptions, of acquisitions to be made, or to the grades at which said work will be done, or to the Engineer's estimate of the costs and ex- penses thereof, filed written protests with the Clerk of said City at or before the time set for hearing, and all persons interested desiring to be heard were given an opportunity to b~ heard, and all matters and things pertaining to said acquisitions and improvements were fully heard and considered by said Council, and said Council has acquired jurisdiction to order said acquisitions and 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 fo1- lOWS: 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 pro- tests against the said 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 acquisitions and improvements as a whole, or as to the Engineer's estimate of said costs and expenses, or against the maps and descriptions of acquisitions to be made, 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 particularly described in said Resolution of Intention and made a part hereof by reference thereto. That all public streets and highways within said assessment dis- trict in use in the performance 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 acquisitions and improvements. 3.. That the plans and specifications for the proposed improvements con- tained in said report, be and they are hereby, finally adopted.and ~RpEove~ $~ the ~ans and specifications to which said work s~all be done as called ~or in sala ~eso~u~lon ~f In- ten~iono 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, 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 acquis- itions and improvements. 5. That the maps and descriptions of the lands, easements and all acquisi- tions to be made, 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 improvements to be made as described in and in accord- ance with s~id Resolution.of Intention on file in the office of the Clerk of said City, reference to which is hereby made for a more particular description of said acquisitions and improvements, and also for further particulars pursuant to the provisions of said Municipal Improvement Act of 1913, as amended. RESOLUTION NO. 2797 (CONT~D) 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 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 acquisitions and improvements. 8. That the assessment of the total amount of the costs and expenses of the proposed acquisitions and improvements upon the several 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 and con- firmed as the assessment to pay the costs and expenses of said acquisitions and improve- ments. 9. That said Engineer's report be, and the same is hereby, finally adopted and approved as a whole. 10. That the 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, with his certificate of such confirmation thereto attached and of the date thereof; and that said Superintendent of Streets shall 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. 11. 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 Clerk of said City, or to both addresses if said address is not the same, 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 the owner to identify the same, or to the general delivery when no address so appears, a state~ent_qQntaipipg a d~$igp~tion bE str~t ~be~.or other.~escript~on_of the proper~y ~ss~se~;suxx~qxe~ to ~naox~ ~n~_owne~ ~9_xoe~xxy ~e~s~e. ~e amoun~_o~ the assessment_ tne~txme uno ~xace o~ p~y~ng tqere~.. ~ne.exxec~ ox xa~ure.~o Da~ wx~nxn such time, and · statement of ~he fact ~nat ~onas~w ~x ~e xssued on the un~aid a~s~ssments ~ur- suant to the Improvement Bond Act of 1915~ the _asr installment of whlch bonds shall m~ture ~ot t~.e~ce~d, twenty-four (24) years from the 2nd day of July next sucCeeding'ten m~nths rom tnexr sate. 12. Petitioners have waived the publication of notice to pay assessments. 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 1st day of June, 1959, by the following vote: AYES, NOES, ABSENT, Councilmen Andrew Rocca, G. J. Rozzi, Leo J. Ryan and Patrick E. Ahem None COuncilman Emilio Cortesi ATTEST: By: ARTHUR A. RODONDI CITY CLERK Louise Elliott Deputy City Clerk