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HomeMy WebLinkAboutReso 2941-1959RESOLUTION NO. 2941 A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRM- ING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS PONDEROSA ROAD IMPROVEMENT PROJECT that RESOLVED, by the City Council of the City of South San Francisco, California, WHEREAS, on the 8th day of September, 1959, said Council adopted its Reso- lution of Intention No. 2876 to acquire and construct public improvements in said City, and referred the proposed acquisitions and 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 City Clerk of said City a report in writing in accordance with and pur- suant 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; RESOLUTION NO. 2941 - CONTINUED: 1 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) maps and descriptions of the lands and easements to be acquired, (2) plans and specifications of the proposed improvement, (3) estimate of costs, (4) diagram of district, and (5) 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 re- quirements of said Act, appointed Monday, the 7th day of December, 1959, 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 ac- quisitions and improvements, and directing the City Clerk of said City to give 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 regu- larly held at the time and place stated in said notice; and WHEREAS, ~1 persons interested, objecting to said acquisitions and improvements, or to the extent of the assessment district, or to the proposed assessment or diagram, or to the maps and descriptions, 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 opportunity to be heard, and all matters and things pertaining to said acquisitions and improvements were fully heard and consid- ered by said Council, and were overruled, and said Council has acquired jurisdiction to order said acquisitions and improvements and the confirmation of said diagram and assess- ment 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 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 acquis- itions and improvements as a whole, or as to the Engineer's estimate of said costs and expenses, or against the maps and descriptions, or against the diagram or assessment to pay for the dosts 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, contained in said report, be, and they are hereby, finally adopted and approved as the plans and spec- ifications to which said work shall be done as called for in said Resolution 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, ---~-~ ~ oo4~ ~mnre_ as modified, be, and it is hereby, finally adopted and approved ~o~'~ii~ha~ber~'CityHall,'South'San Francisco, California, as the time and place for hearing protests in relation to said proposed ac- quisitions and improvements, and directing the City Clerk of said City to give 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 regu- larly held at the time and place stated in said notice; and WHEREAS, ~1 persons interested, objecting to said acquisitions and improvements, or to the extent of the assessment district, or to the proposed assessment or diagram, or to the maps and descriptions, 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 opportunity to be heard, and all matters and things pertaining to said acquisitions and improvements were fully heard and consid- ered by said Council, and were overruled, and said Council has acquired jurisdiction to order said acquisitions and improvements and the confirmation of said diagram and assess- ment 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 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 acquis- itions and improvements as a whole, or as to the Engineer's estimate of said costs and expenses, or against the maps and descriptions, 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, contained in said report, be, and they are hereby, finally adopted and approved as the plans and spec- ifications to which said work shall be done as called for in said Resolution 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 in said report, as modified, be, and it is hereby, finally adopted and approved as the Engir~er's total and detailed estimate of the costs and expenses of said acquisi- tions and improvements. 5. That the maps and descriptions of the lands and easements to be acquired, 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 accordance with said Resolution of Intention on file in the office of the City Clerk of said City, ref- erence 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 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 ap- proved 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 pro- posed 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, as modified, 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, as modified, be, and the same is hereby, finally adopted and approved as a whole. 10. 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, with 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. 12 RESOLUTION NO. 2941 (CLNTINUED) 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 the 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 prop- erty assessed sufficient to enable the owner to identify the same, the amount of the assessment, the time and place of payment there?f, the effect of failure to pay within such time, and a statement of the fact that'bo'nds will be issued upon the unpaid assessments pursuant to the Improvement Bond Act of 1915, the last install- ment of which bonds shall mature not to exceed fourteen (14) years from the second day of July next succeeding ten months from their dateJ 12. That said Superintendent of Streets shall also give notice by publish- ing a copy of a Notice to Pay Assessments by three successive insertions in the South San Francisco Enterprise-Journal, a newspaper published in said City, that said 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 after the date of recording said assessment, which date shall he stated in said notice, and of the fact that bonds will be issued upon unpaid assess- merits as above provided. I hereby certify that the foregoing resolution was regularly introduced and adopted by the City Council of the City of South San Fran- cisco at a regular meeting held this 21st day of December, 1959, by the following vote: AYES, NOES, ABSENT, Councilmen Andrew Rocca, G. J. Rozzi, Emilio Cortesi, Leo J. Ryan and Patrick E. Ahem None None ATTEST: ARTHUR A. RODONDI CITY CLERK