HomeMy WebLinkAboutReso 3581-1962 RESOLUTI01'I NO. 3581
A RESOLUTIOI,I' AND ORDER ADOPTING E~.TG'~I~XR'S P~PORT,
C0~'IFIR~ING '~ A. ooEooI~LT A~_~D ORDERING T~[E ~'.~ORK
PECK~S SUBDIVISIOI~ .~'~0. 1
RESOLVED, by the City Council of the City of South San Francisco, California, that
WI~REAS, on the %th day of February, 1962, said Council adopted its Re~otution of
Intention No. 3384, to construct public improvements in said City, and referred the proposed
improvements to the Engineer of Wo~ of said City, he being the officer having charge and
control of the acquisition and 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;
~EREAS, said Council thereby directed said Engineer of Work to make and file with
the City Clerk of said City a reDort in writing in accordance with and pursuant t'o the
I~.~unicipal Improvement Act of 1913;
WIIEREAS, said report was duly made and filed with the City Clerk of said City;
whereupon said Clerk presented it to the Council for consideration;
~f[~REAS, 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, includin$ (1) plans and soecifications of the proposed improve-
ments; (2) estimate of costs; (3) diagram of district, and (4) an assessment according to
benefits, all of which was done i~n the form and manner required by said Act;
Wt[EREAS, 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 17th day of September, 1962, at the hour of 8:00 o'clock
P.M. of said day in the Council Chambers, City Hall, South San Fr-~ncisco, California, as the
ti.me and place for hearing protests in relation to said proposed improvements, and. directing
the City Clerk of said City to give notice 6f said hearing as required by said Act;
Wt-~REAS, it appears that notices of said hearing were duly and reg~larly 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 reg~larly held
at the time and place stated in said notice; and
WI~REAS, persons interested, objecting to said i~orovements, or to
the extgnt 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 o~ said City at or before the
time set for hearing, and all persons interested desiring to be heard were given an oppor-
tunity to be heard, and all matters and things pertaining to said improvements were f~lly
heard and considered by said Co~ncil, and were overruled, 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, T~.~R~_0RE, said Council does hereby ~I~[D, D~.,..~RMINE 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 he,ring, File ~ritt~o protests
against the said proposed ir~provements as a whole, or agaf~nst 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 mama and des-
criptions, or against the diagrmm or assessment to pay for the costs and expenses thereof.
2. That the district benefited by saf. d improvements and to be assessed to pay
the costs a~d expenses thereof, and the exterior boundaries thereof sro more particularly
described in said Resolution of Intention, and made a part hereof by referemce thereto.
That all public streets and highways Within said assessment district i~ ~se in the perfor-
mance of a publi~ function as such shall be omitted from said district and ~rom the lev~
and collection of the special taxes to be hereafter le~ied and collected to cover the costs
and expenses of said i~provements.
]. That the plans and specifications for the proposed im~rovements, contained in
said report, be, and they are hereby, finally adopted and approved as the plans and speci-
fications to which said work shall be done as called for in said Resolution of Intention.
RESOLUTION NO. 3581: (Continued)
4- That the Engineer's estimate of the itemized and total costs and expenses of
said 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 improvements.
~. That the public interest and convenience require, and said Council ~oes hereby
order the improvements to be made as described in and in accordance v~th said Resolution of
Intention, on file in the office of the City Clerk of said City, reference to ~,~hich is
hereby made for ~a more particular description of said improvements, and also for further
particulars p~rmlant to the nrovisions of said ~nicipal Improvement Act of 1013.
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 massage
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 diagrmu of the properties to be assessed to pay the costs
and expenses or'said improvements°
7. That tl~ assessment of the total ~mount of the costs and expenses of the
proposed 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
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 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 at~ached 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 ~rpose, and append thereto
his certificate of the date of such recording, and such recordation shall be and constitute
the assessfaent 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 f~.le 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 property assessed suffic~.ent to
enable the owner to identify the same, the amount of the assessment, the time and place of
pa~anent 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 p~rsuant to the Ir~provement Bond Act of
1915, the last installment of which bonds shall mature fourteen (]_IIi) years from the second
day of July next succeeding ten (10) months fro~ their date.
11° That said Superintendent of Street~ shall atso give not~_ce by publishing a
copy of a Notice to ?ay Assessments by thrce successive insertions in the Enterprise-
Journal, 'a newspaper published in said City, that said assessment has been recorded in
his office, and that all stuns assessed thereon are due and payable immediately, and that
the payment of said s~.s is to be made thirty (30) days after the date of recording
assessment, which date shall be stated in said notice, and of the fact t~hat bonds will be
issued upon unpaid assessments as above provided.
I hereby certify that the foregoing resol~tion was regularly introduced and
adopted by the City Council of the City of South San Francisco at a regular meeting held
this 1st day of 0atober, !~62, by the following vote:
Leo J. ~yan, Patrick _~. Ahem, E~ilio Cortesi, Andrew Rocca, and GoJo Rozzi
ll0ES, " llone
ABSEHT, " ~[one
/S/ Arthur A. Rodondi
Ci~f CLERK