HomeMy WebLinkAboutReso 3594-1962RESOLUTION NO. 3594
A RESOLUTION AND ORDER ADOPTING ENGINEER'S
REPORT, CONFIRMING THE ASSESSMENT AND ORDER-
ING THE WORK -- NORTH AIRPORT BOULEVARD CURB,
GUTTER AND SIDEWALK IMPROVEMENTS
RESOLVED, by the City Council of the City of South San Francisco, California,
that
WHEREAS, on the ~th day of September, 1962, said Council adopted its Resolu-
tion of Intention No. 3552 to construct public improvements iu 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;
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 contrained all the matters and things called for by the
provisions of said Act, includin~ (1) plans and specifications of the proposed improve-
ments, (2) estimate of costs, (35 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 15th day of October, 1962, at the hour
of 8:00 o'clock P.M., of said day in the Council Chambers, City Hall, South San Fran-
cisco, California, as the time and place for hearing protests in relation to said pro-
posed 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 Clerk, whereupon said hearing was duly and regularly
held at the time and place stated iu said notice; and
WHEREAS, 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 Clerk of said City at or before the
time set for hearing, and all persons interested desiring to be heard were given an op-
portunity to be heard, and all matters and things pertaining to said improvements were
fully heard and considered by said Council, and were overruIed, 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.
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 improvements, and of the incidental expenses iu 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.
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 respec-
tive 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, with his certificate of such confirmation thereto attached
and of the date thereof; and that said Superintendent of Streets shall record said dia-
gram 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 mall 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 delivery when no address so appears, a statement con-
taining 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 payment 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 not
to exceed 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 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 be stated in said notice, and of 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 the
City of South San Francisco at a regular meeting held this 15th
day of October, 1962, by the following vote:
Ayes, Councilmen
Noe s, "
Absent, "
Leo J. Ryan, Patrick E. Ahern, Emilio Cortesi,
Andrew Rocca, and G. J. Rozzi
None
None.
ATTEST:, ARTHUR A. RODONDI
City Clerk