Loading...
HomeMy WebLinkAboutReso 2644-1958 Signed CopyKWHW:EAW:JS:gb 4/25/58 8c RESOLUTION NO. 2644 A RESOLUTION AND ORDER ADOPTING ENGINEER tS REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK MADRONE AVENUE RESOLVED, by the City Council of the City of South San Francisco, California, that WHEREAS, on the 7th day of April, 1958, said Council adopted its Resolution of Intention No. 2608 to construct public improvements in said City, and referred the proposed improve- ments to the Director of Public Works of said City, he being the officer having charge and control of the construction of improve- ments in and for said City of the kind described in said Resolu- tion 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..Ofl913, 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; 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) plans and specifications of the proposed improve- ment, (2) estimate of costs, (3) diagram of district, and (4) an assessment according to benefits, all of which was done in the form and manner ~equired 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 rI~, ~',,,:o:. ',.~..,:.:;;JO .0'. ...... proceedings under said Act, whereupon said Council, pursuant to the requirements of said Act, appointed Monday, the 19th day of May, 1958~ at the hour of §;00 o'clock ~.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 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 regularly held at the time and place stated in said notice; and WHEREAS~ no 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 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 improve- ments were fully heard and considered by said Council, 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 o~ners of one-half of the area to be asses- sed 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 whol~ or as to the Engineer's Estimate _of said costs and expenses, or against the diagram or assessment 2 C~NTRAL R£CORD~ ~L,I~ NO. ~ ~ o 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 refer- ence thereto. That all public streets and highways within said assessment district in use in the performance of a public function as such shall be o~ttted from said district and from the levy and collection of the special taxes to be hereafter levied and collec- ted 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 Intention. 4. That the Engineer's estimate of the itemized and total costs and expenses of said improvements, and of the inci- dental 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. 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, as amended. 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 passage of said Resolution of Intention, each of which subdivi- sions 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 proDosed 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 im- provements, and of the expenses incidental thereto, contained in said report, be, and the same is hereby, finally approved and con- firmed as the assessment to pay the costs and expenses of said im- provements. 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 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. 10. That said Superintendent of Streets, upon the recording of said diagram and assessment, shall mail to each owner c~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 when no address so appea~s, 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 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 fourteen (15) years from the second day of July next succeeding ten (10) months from their date. llo 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 (B0) 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 meeting held this 19th day of by the following vote: regular ~ay , 1958, AYES, COUNCILMEN NOES, " ABSENT, " G. jo Rozzi, Andrew Rocea, Leo J. Ryan and Patrick Eo Ahern None Emilio Cortesi ATTEST: CITY CLERK CENTRAL RE:CORD~ FILE: NO. .c3 o o