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HomeMy WebLinkAboutReso 72-1994 RESOLUTION NO. 72-94 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, ORDERING LEVY OF ASSESSMENT FOR FISCAL YEAR 1994-95 FOR THE CITY OF SOUTH SAN FRANCISCO WILLOW GARDENS PARKS AND PARKWAYS MAINTENANCE DISTRICT BE IT RESOLVED by the City Council (the "Council") of the City of South San Francisco (the "City"), County of San Mateo Calilfornia, that: WHEREAS, by its Resolution No. 58-94, A Resolution Directing Preparation of Annual Report for the City of South San Francisco Willow Gardens Parks and Parkways Maintenance District (the "District"), this Council designated Barry Nagel, as Engineer of Work and ordered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972 (the "Act"); and WHEREAS, the report was duly made and filed with the City Clerk and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that the report should stand as the Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid Resolution, and that on June 8, 1994, at the hour of 7:30 o'clock p.m. on each date in the regular meeting place of the City Council, Municipal Services Building, 33 Arroyo Drive, South San Francisco, California, was appointed as the time and place for a public hearing by this Council on the question of the levy of the proposed assessment, notice of which hearing was given as required by law; and WHEREAS, at the appointed time and place the hearing was duly and regularly held, and all interested persons desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to the levy were fully heard and considered by this Council, and all oral statements and all written protests or communications were duly heard, considered and overruled, and this Council thereby acquired jurisdiction to order the levy and the confirmation of the diagram and assessment prepared by and made a part of the Engineer's Report to pay the costs and expenses thereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that: 1) The public interest, convenience and necessity require that the levy be made. 2) The District benefited by the improvements and assessed to pay its costs and expenses thereof, and its exterior boundaries thereof, are as shown by a map (the "Boundary Map") filed in the office of the City Clerk, which map is made a part hereof by this reference thereto. 3) to wit: The Engineer's Report as a whole and each part thereof, (a) the Engineer's estimate of the itemized and total costs and expenses of the improvements and of the incidental expenses in connection with them; and (b) the diagram showing the District, plans and specifications for the improvements and the boundaries and dimensions of the respective lots and parcels of land within the District; and (c) the assessment of the total amount of the cost and expenses of the improvements upon the several lots and parcels of land in the District in proportion to the estimated benefits to be received by such lots and parcels, respectively, from the improvements, and of the expenses incidental thereto, are finally approved and confirmed. 4) Final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, estimate of the costs and expenses, the diagram and the assessment, as contained in the Report, as hereinabove determined and ordered, is intended to and shall refer and apply to the Report, or any portion thereof as amended, modified, or revised or corrected by, or pursuant to and in accordance with, any resolution or order, if any, heretofore duly adopted or made by this Council. 5) The assessment to pay the costs and expenses of the improvements for fiscal year 1994-95 is hereby levied. For further particulars pursuant to the provisions of the Act, reference is hereby made to the Resolution Directing Preparation of Annual Report. 6) Based on the oral and documentary evidence, including the Engineer's Report, offered and received at the hearing, this Council expressly finds and determines (a) that each of the several lots and parcels of land will be specially benefited by the improvements at least in the amount, if not more than the amount, of the assessment apportioned against those lots and parcels of 2 land, respectively, and (b) that there is substantial evidence to support, and the weight of the evidence preponderates in favor of, the aforesaid finding and determination as to special benefits. 7) Immediately upon the adoption of this Resolution, the city Clerk shall file a certified copy of the diagram and assessment and a certified copy of this Resolution with the Auditor of the County of San Mateo. Upon such filing with the County Auditor, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount of assessment thereupon as shown in the assessment roll in the Engineer's Report. The assessments shall be collected at the same time and in the same manner as County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. After collection by the County, the net amount of the assessments, after deduction of any compensation due the County for collection, shall be paid to the Director of Finance of the City. 8) Upon receipt of monies representing assessments collected by the County, the Director of Finance shall deposit the monies in the City Treasury to the credit of an Improvement Fund (the "Improvement Fund") previously established under the distinctive designation of the District. Monies in the Improvement Fund shall be expended only for the maintenance, servicing, construction, or installation of the improvements. 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 on the 8th day of AYES: June , 1994 by the following vote: Councilmembers Jack Drago, jOhn R. Penna, Roberta Cerri Teglia and Joseph A. Fernekes NOES: None ABSTAIN: None ABSENT: Councilmember Robert Yee WILLOWGDNS.ENG