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HomeMy WebLinkAboutReso 126-1990RESOLUTION NO. 126-90 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, ORDERING IMPROVEMENTS AND FORMATION OF THE CITY OF SOUTH SAN FRANCISCO LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT, AND LEVYING FIRST ANNUAL ASSESSMENT WHEREAS, by its Resolution No. 67-90, A Resolution Initiating Proceedings for the Formation of A Maintenance Assessment District, this Council proposed the formation of the City of South San Prancisco Landscape and Lighting Maintenance Assessment District (the "District") pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "Act"); and WHEREAS, by its Resolution No. 89-90, A Resolution of Intention to Order Annexation of Land, to Levy and Collect Assessments, Preliminarily Approving Engineer's Report, and Providin~ For Notice of Hearing, this Council stated its intention to order the annexation of certain land described therein as Zone 2 (Pointe Grand) to the proposed District; and WHEREAS, the proceedings for the formation of the District pursuant to Resolution No. 67-90 have been continued by this Council, and therefore the proceedings undertaken pursuant to the Resolution of Intention to Order Annexation No. 89-90 will constitute the formation of the District consisting of Zone 2 (Pointe Grand) as the single zone; and WHEREAS, this Council has designated Arthur Wong as Engineer for the proceedings in connection with the District and has ordered him to make and file a report in writing in accordance with the Act; and WHEREAS, the report was duly made and filed 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 Resolution No. 89-90, and that July 25, 1990 at the hour of 7:30 o'clock p.m. in the regular meeting place of this Council, Municipal Services Building, 33 Arroyo Drive, South San Francisco, California, was appointed as the time and place for a hearing by this Council on the question of the proposed annexation of land to the District and levy of the proposed assessment, notice of which hearing was given as required by law; and WHEREAS, the hearing was continued from July 25, 1990 ko August 8, 1990 at which time and place the hearing was duly and regularly held, and all interested persons were afforded an opportunity to hear and be heard, and all matters and things pertaining to the annexation, (now formation), and 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 formation and levy and the confirmation of the diagram and assessment prepared by and made a part of the report of the Engineer; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco as follows: 1. The property owners owning more than fifty percent (50%) of the asea of assessable lands within the District had not, at the conclusion of the hearing, filed written protests against the proposed formation and levy, as a whole or as to any part thereof, or against the proposed district or the extent thereof to be assessed for the costs and expenses of formation and levy as a whole, or as to any part thereof, or against the Engineer's estimate of costs and expenses, in whole or in part, or against the maps and description, in whole or in part, or against the diagram or the assessment to pay for the costs and expenses thereof, 5n whole or in part. 2. The public interest, convenience and necessity require that the proposed formation and levy be made. 3. The parcels benefited by the proposed improvements and to be assessed to pay its costs and expenses and its exterior boundaries are as shown by a map filed in the office of the City Clerk, which map is by this reference made a part of this Resolution. 4. The Engineer's Report as a whole and each of its parts that is: (a) the Engineer's estimate of the itemized and total costs and expenses of maintaining the improvements and of the incidental expenses in connection with them; (b) the diagram showing the District, plans and specifications for the improvements to be maintained 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, including incidental expenses, of the proposed maintenance of the improvements upon the several lots and parcels of land in the District in proportion to the estimated benefits to be received by the lots and parcels, respectively, from that maintenance; are finally approved and confirmed. 5. 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 determined and ordered in this Resolution, is intended to and shall refer and apply to the Report, or any Portion of it, as amended, modified, or revised or corrected by, or pursuant to and in accordance with, any resolution or order, if any, previously duly adopted or made by this Council. 6. The District be formed, and that the assessment to pay the costs and expenses of the maintenance of the improvements is hereby levied. 7. 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 maintenance of the improvements at least in the amount, if not more than the amount, of the assessment apportioned against those lots and parcels of land, respectively, and (b) that there is substantial evidence to support, and the weight of the evidence preponderates in favor of, this finding and determination as to special benefits. 8. Immediately upon the adoption of this Resolution, but in no event later than the third Monday in August following adoption, 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. Upon this filing, the County Auditor shall enter on ~he County assessment roll opposite each lot or parcel of land the amount of assessment upon it as shown in the assessment. 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 Auditor/Controller of the County of San Mateo. 9. Upon receipt of moneys representing assessments collected by the County, the Auditor/Controller of the County of San Mateo shall deposit the moneys in the County Treasury to the credit of an improvement fund, which improvement fund the Auditor/Controller is hereby directed to establish under the distinctive designation of "City of South San Francisco Landscape and Lighting Maintenance Assessment District, Zone 2 (Pointe Grand)." Moneys in the improvement fund shall be expended only for the maintenance 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 August AYES: NOES: ABSTAIN: ABSENT: , 1990, by the following votes: Councilmmmhmr~ ,lark Drago~ Gus Nicolopulos, Roberta Cerri Teg]ia, and Mayor Richard A. Haffay None None Councilman John R. Penna City Clerk 4