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HomeMy WebLinkAboutReso 5176-1969 RESOLUTION NO. 5176 A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK ARMOUR - LINDEN STORM DRAIN ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of South San Francisco, California, that WHEREAS, on the 2nd day of September, 1969, said Council adopted its Resolution of Intention No. 5156 to construct public improvements in said City, and referred the proposed improve- ments to the Public Works Director of this 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 Public Works Director to make and file with the City Clerk 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 this City, whereupon said Clerk presented it to this 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- ments, (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 required by said Act; WHEREAS, said Council found that said report and each and every part thereof was sufficient in every particular and deter- mined 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 6th day of October, 1969, at the hour of 8:00 o'clock PoM. of said day, in the Council Chambers, City ltall, South San Francisco, California, as the time and place for hearing protests in rela- tion to said proposed improvements, and directing the City Clerk 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 Ac~, 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, one 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 oppor- tunity to be heard, and all ma~ters and things pertaining to said improvements were fully heard and considered by said Council, overraled , and this 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: la That ~ne owners of one-half of the area to be assessed for the cost of ~he project did n¢.t~ 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 esti- mate of said costs and expenses, or against the diagram or assessment to. pay for the costs and expenses thereof. 2o That the district ber.efited by said improvemen~ts and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are more particularly described in said Resolution of Intentior~ and made a part hereof by reference thereto.~ That all public streets and highways within said assessment district 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. 3. That the plans and specifications for the proposed improvements, contained in sai~ report, be, and they are hereby finally adopted and approved as the plans and specificatigns to which said work shall be dor.e as called for in said Resolu- tion of Intention. 4o That the.~Engineer's estimate of the itemized and total costs and expenses of saLd improvements, and of the incidental expenses in connectLon therewith, contained in said report, be, and it is hereby fLnally adopted and approved as the Engineer's total and detailed estimate of the costs and ekpenses of said improvements. 5o 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 Clerk of said City, reference to which is hereby made for a more particular description of said improvements, and also for further par- ticulars pursuant to the provisions of said Municipal Improve- ment Act of 19lB. 6. That the diagram sho~ing the assessment district referred to and described in s~id Resolution of Intention, and also the boundaries and dimensions of the respective subdivi- sions 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 improve- ments o 7. That the assessment cf the total amount of the costs and expenses of the proposed i~provements upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by said subdivisions, respec- tively, from said improvements, and of the expenses incidental thereto, contained in said repcrt, 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. 9o 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 con- firmation thereto attached and of the date thereof; and that said Superintendent of Streets shall 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 consti- tute the assessment roll herein. 10. That said Superintendent of Streets, upon the record- ing of said diagram and assess~.ent, 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 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 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 1915o ll. 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 news- paper published in said City, that said assessment has been recorded in his office, and that all sums assessed thereon are due and payable immediately, ar.d that the payment of said sums is to be made thirty (BO) 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 intro- duced and adopted by the City Council of the City of South San Francisco at a regular meeting held this 6th ~ay of October, 1969, by the following vote: AYES, COUNC~ NOES, " ABSEI~, " Frank J. Bertuce'..li, Patrick E. Ahem, F. Frank Msmmini, Andrew Rocca, and Warren Steinkamp. None. None. ATTES~: ..... ~~ ...., - City ~lerk