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