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HomeMy WebLinkAboutReso 2589-1958 Signed Copy(Harbor Way Assessment) RESOLUTION NO. 2589 A RESOLUTION OF TRE CITY COUNCIL OF T.HE CITY OF SOUTH SAN FP~NCISCO ADOPTING ]~NGINEERS* REPORT, CONFIRMING TRE ASSESSMENT~ AND ORDERING THE RESOLVED by.the City Council of the City of South San Francisco, California, that WHEREAS, on the 6th day of January 1958, said City Council adopted its Resolution of Intention No. 2567 to improve a portion of Harbor Way as that public street is proposed to be extended from the northerly boundary of the subdivision known as "South San Francisco Industrial Park" to East Grand Avenue, and referred the proposed improve- ments to WlLSEY & HAM, licensed engineers appointed by said City Council as engineers to supervise the construction of street improve- ments in and for said City of the kind described in said resolution, and being competent persons appointed by said City Council for that purpose; and WHEREAS said City Council thereby directed said WlLSEY & HAM, engineers, 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, as amended; and WHEREAS said engineers' report also pertained to the construction of street improvements in a proposed public street to be known as "Allen Avenue", which is described in said engineers' report and is particularly delineated on the assessment diagram therewith incorporated; and WHEREAS said report was duly made and filed with the City Clerk of said City, whereupon said City Clerk presented it to the City Council for consideration; and WHEREAS said City 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 t.he provisions of Section 2 of said Act, including (1) plans and specifications of the proposed improvement of the hereinsbove referred to portion of the public street to be known as Harbor ~ay, and also the improvement of Allen (la) necessary acquisitions, AvenueJ (2) estimate of costs, (3) diagram of district, and (4) sn assessment according to benefits, all of which was done in the form and manner required by said Act; and WHEREAS said City 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 pro- ceedings under said Act; and WHEILEAS said City Council, pursuant to the requirements of the aforesaid lunicipsl Improvement Act of 1913, did heretofore appoint ~ondsy, the 3d day of larch 1958, st the hour of eight o'clock p.m. of said day, in the Council Chambers, in the City Hall, South San Francisco, California, as the time and place for hearing protests in relation to said proposed improvements, and did direct the City Clerk of'said City to give notice of said hearing ss required by said Act, and whereas it appears that notices of said hearing were duly and regularly posted, meile~ and published in the time, form, and manner required by said Act, as evidenced by the affidavits on file with said City Clerk; and WHEREAS said protest hearing has been duly and regularly held st the time and place ordered by said City Council and designated in the aforesaid notices; and WHEREAS - one - ( 1 ) interested person~, objecting to said improvements~ or to the extent of the assessment district, or to the proposed assessment or diagram or to the grades st which said work will be done, or to the engineers' estimate of the costs and expenses thereof, filed written protests with the City Clerk of said City st or before the time set for hearing, and whereas all persons interested desiring to be heard were given sn opportunity to one - be heard, and whereas ( i ) ors1 protest~ was entered 5"2g'7_ at said hearing; and WIfl~R~AS all matters and things pertaining to said improvements were fully heard and considered by said City Council, NOW, THEREFORE, sBid City Council does hereby FIND, DETERMINE, AND ORDER as follows: e ~'"~:~'il'~AL REC( NO.: ... J-c~ '7 1. That at the commencement of said hearing all written protests theretofore filed and all oral protests entered during said hearing were overruled, and that therefore said City Council has acquired jurisdiction to order said work of improvement and to order the confirmation of said diagram and assessmen~ for the purpose of providing funds to pay the cost and expenses of said work of improve- ment~ 2. That the owners of one-half of the area to be assessed for the cost of the project did not~ by written protests~ object to said proposed improvements as a whole~ or to the proposed acquisitions~ or to said district or the extent thereof to be assessed for the costs and expenses of said improvements as a whole, or as to the engineers' estimate of said costs and expenses~ or to the diagram or assessment to pay for the costs and expenses thereof; 3o 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 Resolution of Intention No. 2567 and made a part hereof by reference thereto; that all public streets and highways within said assessment district, the same being 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 improvements; 40 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 for the improvement of the proposed public street being comprised of a portion of the intended extension of Harbor Way and also for the improvement of a proposed street to be known as "Allen Avenue"; 5. That said engineers' estimate of the itemized and total estimated costs and expenses of said improvements, and of the incidental e expenses in connection therewith, contained in said report, be, and it is hereby, finally adopted and approved as the engineers' total and detailed estimate of the costs and expenses of said improve- ments; 6. That the public interest and convenience require, and said City Council does hereby order, the improvement of a portion of Harbor Way, proposed to be extended as a public street, and the improvement of Allen Avenue, proposed to be established as a public street, reference hereby being made to the hereinbefore specified Resolution of Intention on file in the office of the City Clerk, which, together with the aforesaid engineers' report, contains a particular description of the improvements to be performed; that, for further particulars, reference is hereby made to the terms and pro- visions of the Municipal Improvement Act of 1913, as a~ended; 7. That the diagra~ 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 improvements; 8. 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 proportion to the estimated benefits to be received by said subdivisions, respectively, from said improvements to be done, and of the expenses incidental thereto, contained in said report, be, and the sa~e is hereby, finally approved and confirmed as the assessment to pay the costs and expenses~f said improvements; 9. That said engineerst report be, and the same is hereby~ finally adopted and approved as a whole; 10o That the City Clerk shall forthwith deliver to the Director of Public Works of the City of South San Francisco, as ex officio Superintendent of Streets of said City, said assessment, together with said diagram thereto attached and made a part thereof, as confirmed by said City Council, with his certificate of such con- firmation thereto attached and of the date thereof; and that said Director of Public Works 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; 11. That said Director of Public Works, 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 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 assessed property sufficient to enable the owners 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 unpaid assessments pursuant to the Improvement Bond Act of 1915, the last installment of which bonds shall mature fourteen (14) years from the second day of July next succeeding ten (10) months from their issue. 12. That, pursuant to the provisions of Section 10603 of the Streets and Highways Code of the State of California, said City Council does hereby appoint and designate the City Treasurer of said City as the public official to collect and receive all the assessment moneys to be assessed and levied against the parcels of property lying within the assessment district; that all said assessment moneys shall be held by said City Treasurer in a separate fund to be entitled "Harbor Way Assessment District Fund", and shall be disbursed by him only upon presentation of a special warrant drawn upon him by the Director of Public Works in his capacity as ex- officio Superintendent of Streets of said City, and that the City Clerk shall, and he is hereby instructed to, forward to the City Treasurer and the Director of Public Works a certified copy of this resolution. 13. That said Director of Public Works shall also give notice by publishing a copy of a "Notice to Pay Assessments" by three (3) successive insertions in a newspaper designated for that purpose, said Notice to specify (a) that said assessment has been recorded in the office of said Director of Public Works, (b) that all sums assessed thereon are due and payable i~ediately, (c) that the payment of said sums is to be made to said City Treasurer thirty (30) days after the date of recording said assessment, which date shall be stated in said notice, and (d) that bonds will be issued upon unpaid assessments as in this resolution hereinabove specified. 7 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 3rd day of March 1958, by the following vote: AYES, COUNCILMEN G. J. Rozzi, Andrew Rocca, Emilio Cortesi, NOES, " None ABSENT, " None Francis Lucchio and Leo J. Ryan ATTEST (File No. 899a)