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HomeMy WebLinkAboutReso 5332-1970RESOLUTION N~. 5332 A RESOLUTION OF DETERMI~ATION' UNDER D~ISION 4 OF THE. ~'STREETS AND HIGHWAYS CODE, TO PROCEED WITH PROCEEDINGS FOR ACQUISITIONS AND IMPROVEMENTS IMPROVEMENT OF 12 MILE CREEK ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of South San Francisco, California, teat WHEREAS, in accordance with the order of this Council a report has been filed with this Council pursuant to Division 4 of the Streets and Highways Code for the acquisition and con- struction of the following public improvements in and for Said City; a) b) The construction of a concrete box drainage cUlvert in the existing Surface drainage ditch from near the inter- .section of West Orange Avenue and Camaritas Avenue'easterly to and across E1 Camino Real to near the southwesterly line of the old Market Street Railway right-of-way, the confining, stabilizing, and lining of said existing sur- face drainage ditch across said right-of-way, the con- struction of a concrete box drainage culvert from the northeasterly Snd of said ditch near'the northeasterly line of said right-of-way northeasterly across the South- ern Pacific Railroad right-of-way and about 50 feet beyond, and the confining, stabilizing, and lining of said existing surface drainage ditch from the northeasterly terminus of said culvert continuing easterly to Colma Creek, together with the acquisition of all lands and easements necessary therefor. The acquisition of all lands and easements and the con- struction of all work auxiliary to any of the above and necessary to complete ~he same. WHEREAS, Monday, the 13th day of June, 1970, at the hour of 8:00 o'clock P.M., in the Council Chambers, City Hall, South San Francisco, California, were fixed by this Council as the time and .place for hearing upon said report; and notice of said hearing has been dUly given to all persons interested in the manner and for the time provided by law, as appears from affida- vits thereof on file with th~ City Clerk; WHEREAS, this Council determined that said report should be heard before this Council, it being the legislative body of said City and at said hearir~g on the report, the report, except as to the map, plat or diagram, and the assessed valuations, true valuations and estimated assessments upon each parcel of land, was read before protests were considered; and WHEREAS, all persons interested desiring to .be. heard, were fully heard, and all oral protests or objections made at the hearing to the ordering of the things proposed to be done, and all written protests to the ordering of said things or relating to the regularity or sufficie~cy of the proceedings setting forth the irregularity or defect to which objections were made, and which were filed with the City Clerk of this City at or before the time fixed for the hearing, were fully heard and con- sidered by the Council; NOW, THEREFORE, IT IS ORDERED, as follows: 1. That Said improvements constitute a single comPrehen- sive scheme for the construction of said improvements as described in Resolution of Preliminary Determination for these proceedings heretofore adopted by this Co'Ancll on May 4, 1970. 2. That the owners of more than one-half of the area of the property to be assessed for the acquisition and improvements have not filed with the Clerk of this City at or before the time fixed for said hearing, or at all, written protests or objections to the ordering of the things proposed to be done, contained in said report. B. That the owners of more than one-half of said area to ¢ be assessed have not, either orally or in writing, protested or objected to the ordering of s~id things proposed, to be done, and that each and all of said protests are hereby overruled. 4. That said report and proceedings heretofore had thereon or therefor are valid and fully conform with the provi- sions of Division 4 of the Streets and H~hways Code, and all protests in writing relating ~o the regularity or sufficiency of the proceedings, filed with said City Clerk at or before the time fixed for said hearing, are hereby overruled. 5. That the public interest, convenience and necessity require the acquisitions and~Improvements set forth in said report; that said proposed project is feasible and that the lands to be assessed therefor will be able to carry the burden of such proposed assessments; and the limitations on the amounts of the assessments provided fcr in said Division 4 may be dis- regarded, both with respect t¢ the limitations on the district as a whole, and as to the limitations on individual specified assessments. 6. The lands proposed to be specially assessed to pay the costs and expenses of said acquisitions and improvements, are all as shown on the diagram of the proposed assessment dis- trict, which is a part of~the report of the Director of Public Works of said City. 7. Proceedings for the acquisition and construction of said improvements will be had pursuant to the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 and the Municipal Improvement Act of 1913, and the bonds upon the unpaid assessments will be issued pursuant to the Improvement Bond Act of 1915. 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 15th day of June, 1970, by the following vote: AYES, COUNCILMEN Patrick E. Ahern, Frank 3. Bertucelli, William A. Borba, F. Frank ~ammini and Warren Steinkamp NOES, " None ABSENT, " None ATTEST: ~ ~' City Clerk