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HomeMy WebLinkAboutReso 5266-1970 RESOLUTION NO. 5266 A RESOLUTION AND ORDER ADCPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMER'T AND ORDERING THE WORK EL CA~4INO REAL SIEEWALK PROJECT ASSESSMENT E ISTRICT RESOLVED, by the City Council of the City of South San Francisco, California, that WHEREAS, on December 16, 1968, said Council adopted its Resolution of Intention No. 5C~2, as subsequently amended, to construct public improvements in said .City, and referred the proposed improvements to t.~e Director of Public Works of said City, he being the officer having charge and control of the construction of improvements in and for said City of the kind described in said Resolution of Intention and being a competent person employed by s~id City for that purpose; WHEREAS, said Council thereby directed said Public Works Director to make and file with the Clerk of said City a report in writing in accordance with and pursuant t° the Municipal Improvement Act of 1913; WHEREAS, said report was duly made and filed with the City Clerk, 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 ohings called for by the pro- visions of said Act, including (1) plans and specifications of the proposed improvements, '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 determined that it should stand as the report for all subsequent .proceedings under said Act, whereupon said Council, pursuant to the requirements cf said Act, appointed Monday, the 16th day of March, 1970, at the hour of 8:00 o'clock P.M. of said day in the Council Chambers, City Hall, South San Francisco, California, as the time and place for hearing pro- tests 'in relation to said proposed improvements, and directing the City Clerk to give notice of said hearing as required by said Ac t; WHEREAS, it appears that aotices 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 affi- davits on file with said Clerk, whereupon said hearing was duly and regularly held at the time and place stated in said 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 Clerk of said City at or before the time set for hearing, and all persons interested destring to be heard were given an opportunity to be heard, ant all matters and things per- taining to said improvements were fully heard and considered by this CoUncil, and thev were overruled , 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 Cour,cll does hereby FIND, DETERMINE and ORDER, as follows: 2 notice; and WHEREAS, 1. That the owners of cne-half of the area to be assessed 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 whole, or as to the Engineer's estimate of said costs and expenses, or against the diagram or assessment to pay for the costs and expenses thereof. 2. That the district be.~efited by said imProvements and to be assessed to pay the ~osts and expenses thereof, and the exterior boundaries thereof are more particularly de- scribed in said Resolution of Intention 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. B. That the plans and s~ecifications for ~the proposed improvements, contained in said report, be, and they are hereby finally adopted and approved as the plans and speci- fications to which said work s.~all be done as called for in said Resolution of Intention. 4. That the Engineer's ~stimate of the itemized and total costs and expenses of said improvements, and of the incidental 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, refer- ence 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 191~. 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 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 beer. 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 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, and of the expenses incidental thereto, contained in said report, be, and the same is hereby finally approved and confirmed as the assess- ment 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. 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 the 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 s'~ch recordation shall be and constitute the assessment roll herein. 10. That said Superintendent of Streets, upon the record- ing 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, or to both addres- ses if said address is not the same, or to the general delivery when no address so appears, a statement containing a designa- tion 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. ll o That said Superintendent of Streets shall also give notice by publishing a copy of a Notice to Pay Assessments by three successive insertions ir. the Enterprise-Journal, a newspaper published in said City, that said assessment has been recorded in his office, that all sums assessed thereon are due and payable immediately, and that the payment of said sums is to be made thirty (BO~ days after the date of record- ing said assessment, which date shall be stated in said notice, and of the fact that ~onds 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 on the 16th day of March, 1970, by the following vote: AYES, COUNCIL~N NOES, " ABSF_NT, " Frank J. Bertucelli, Patrick ~-. Ahern, F. Frank Mammini, Andrew Rocca and Warren Steinkamp None None ATTEST: ,