HomeMy WebLinkAboutReso 2830-1959 RESOLUTION NO. 2830
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING THE
ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS - INDUSTRIAL PARK
UNIT NO. 2-C, ZONE 3
RESOLVED, by the City Council of the City of South San Francisco, Calif-
ornia, that
WHEREAS, on the 15th day of June, 1959, said Council adopted it's Resol-
ution of Intention No. 2815 to acquire and construct public ~mprovements in said
City, and referred the proposed improvements to the Engineer of Work of said
City, he being the officer having charge and control of the construction of im-
provements 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 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 ~hings called
for by the provisions of said Act, including '(1) maps and descriptions of lands 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, s~id Council found that said report and each and every part
thereof was sufficient in every particular and det~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 6th day of July,
1959, at the hour of 8:00 o'clock p.m. of said day in the City Hall, South San Fran-
cisco, as the time and place for hearing protests in relation to said proposed ac-
quisitions and improvements, 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 evidenced 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 acquisilions 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 expenses thereof, filed written protests with the Clerk of said City at or be-
fore the tile set for hearing, and all persons interested desiring to be heard were
given anopportunity to be heard, and all matters and things pertaining to said ac-
quisitions ~nd improvements were fully heard and considered by said Council, and
said Council.has acquired ~r~diction ko order said acquisitions and'i~provements
and the confirmation o~ sala alagram ann assessment to pay the costs ann expenses
thereof;
RESOLUTION NO. 2830 (CONTINUED):
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 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 district 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 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, contained ~ 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 ~nd 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 said 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.
7. That the diagram showing the assessment district referred to and des-
cribed 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 subdivisior~having been given
a separate number upon said diagram, as contained ~ 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 subdivis-
ions, respectively, from said acquisitions and improvements, and of the expenses incid-
ental 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 acquisitions and
improvements.
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 certif~ate 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 dis-
trict at his last known address as the same appears on the tax rolls of the City or on
file in th® office of the City 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, the amount of the assessment, the
time and place of paying 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 19.15, the last installment of which bonds shall mature
not to exceed twenty-four (24) years from the 2nd day of July next succeeding ten
months from their date.
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 on the 6th day of July, 1959, by the following vote:
AYES,
NOES,
ABSENT,
Councilmen Andrew Rocca, G. J. Rozzi, Leo J. Ryan and~Patrick E. Ahern
None
Councilman Emilio Cortesi
ATTEST: ARTHUR A. RODONDI
C~TY CLERK