HomeMy WebLinkAboutReso 5334-1970 RESOLUTION ND. 5334
A RESOLUTION AND ORDER ADgPTING ENGINEER'S REPORT,
CONFIRMING TEE ASSESSME.~T AND ORDERING THE WORK
AND. ACQUISITIONS
IMPROVEMENT OF 12 MILE CREEK ASSESSMENT DISTRICT
RESOLVED, by the City C~uncil of the City of South
San Francisco, California, that
WHEREAS, on the 4th day of May, 1970, said Council
adopted its Resolution of Intention No. 5293 tO acquire and
construct public improvements in said City, and referred the
proposed acquisitions and improvements to the 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 Inten-
tion and being a competent person appointed by said City for
that purpose;
WHEREAS, said Council thereby directed said Director of
Public Works to make and file with the Clerk of City 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
Clerk of said City, whereupon said Clerk presented it to the
Council for consideration;
WHEREAS, saidCouncil tnereuponduly.considered said
report and each and every part thereof and found that it con-
tained all the matters and things called for by the provisions
of said Act, including (1) maps and descriptions of lands and
easements t° ~be acquired, (2) Plans and specifications of the
proposed improvements, (3) estimate of costs, (4) diagram of
district, and (5) 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 of said Act, appointed Monday,~the 15th day of
June, 1970, at the hour of 8:~0 o'clock P.M., of said day in the
Council Chambers, City Hall, ~outh SanFrancisco, California, as
the time and place for hearinE protests in relation to said pro-
posed acquisitions and improvements, and directing the City
Clerk to give notice of said nearing as required by said Act;
WHEREAS, it appears that notices of said hearing were
duly and regular posted, mailed and published in the time, form,
and manner required by said A2t, as evidenced by the affidavits
on file with said Clerk, whereupon said hearing was duly and
regularly held at the time and place stated in said notice; and
WHEREAS, 3 persons interested, objecting to said
acquisitions and improvements, or to the extent of the assess-
ment district, or to the proposed assessment or diagram or to
the maps and descriptions 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 City Clerk
at or before the time set for hearing, and all persons interested-
desiring to be heard were given an opportunity to be heard, and
all matters and things pertaining to said acquisitions and
improvements were fuYly heard and considered by said Council
and were overruled , and said Council has acquired Jurisdiction
to order said acquisitions and 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:
1. That the' oWners of one-half of the area to be assessed
for the cost of the project did not, at or prior to the time
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fixed for said hearing file w~itten protests against the said
proposed acquisitions and improvements as a whole, or against
the said district or the extent thereof to be assessed for the
costs and expenses of said acquisitions and improvements as a
whole, or as to the Engineer'3 ~stimate of said costs and expen-
ses or against the maps and.descriptions or against the diagram
or assessment to pay for the ~osts and expenses thereof.
2. That the district benefited by said acquisitions and
improvements and to be assessed to pay the costs and expenses
thereof, and the exterior boundaries thereof are more particu-
larly described in said Resol'~tion of Intention and made a part
hereof by reference thereto. That all public streets and high-
ways within said assessment district in use in the performance
of a public function as such shall be omitted from said distr,.ct
and from the levy and collection 'of the special taxes to be
hereafter levied and collected 'to cover the costs and expenses
of~said, maCquisitions and improvements.
~3. That the plans and specifications for the proposed
improvements, contained in said report, be, and they are hereby,
finally adopted and approved as the plans and specifications to
which said work shall be done as called for in said Resolution
of Intention.
4. That the Engineer's estimate of the itemized and
total costs and expenses of said acquisitions and improvements,
and of the incidental expenses in connection therewith, con-
tained in said report, be, an.~ it is hereby, finally adopted
and approved as the Engineer's total and detailed estimate of
the costs and expenses of said acquisitions and improvements.
5. That the maps and descriptions of the lands and ease-
ments to be acqUired, as contained in said report, be, and the
same are hereby, finally approved and confirmed.
6. That the public interest and convenience require, and
said Council does hereby order the acquisitions and improvements
to be made as described in and in accordance with said Resolu-
tion of Intention on file in the office of the City Clerk,
reference to which is hereby made for a more particular descrip-
tion of said acquisitions and improvements, and also for further
particulars pursuant to the provisions of said Nunicipal Improve-
ment Act of 191~.
7. 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 R~solution of Intention, each of
which subdivisions having bee~ given a separate number upon said
diagram, as contained in said report, be, and it is hereby,
finally approved and confirmed· as thediagram of the properties
to be assessed to pay the costs and expenses of said acquisi-
tions and improvements.
8. That the assessment of the total amount of the costs
and expenses of the proposed acquisitions and 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 acquisitions and improvements, and of
the expenses incidental thereto, contained in said report, be,
and the same is hereby, finally approved and confirmed as the
assessment to pay the costs and expenses of said acquisitions
and improvements.
9. That said Engineer's report be, and the same is hereby,
finally adopted and approved as a whole.
10. 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 con-
firmed by this Council, with his certificate of such confirma-
tion thereto attached and of the date thereof; and that said
Superintendent of Streets shall record said diagram and assess-
ment in his office in a suitable book to be kept for that pur-
pose, and append thereto his certificate of the date of such
recording, and such recordation shall be and constitute the
assessment roll herein.
ll. That said Superintendent, Upon the recording of said
diagram and assessment, shall mail to each owner of real prop-
erty 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 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 1915, the last install-
ment of which bonds shall mature fourteen (14) years from the
second day of July next succeeding ten (10) months from their
date.
12. That said Superintendent shall also give notice by
publishing a copy of a Notice to Pay Assessments by three succes-
sive insertions in the Enterprise-joUrnal, a newspaper published
in said City that said assessment has been recorded in his
office, and that all sums assessed thereon are due and payable
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immediately, and~ that the payment of said sums is to be made
thirty (BO) days after the da~e 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 for.:going resolution was regularly intro-
duced and adopted by the City Council of the City of South San Francisco
at a regular meeting held th~s 15th day of 3une, 1970, by the following
vote:
AY£S, COUNCIL,qHN
NOES,
ABSENT, "
Patrick 5. Ahern, Frank J. Bertucelli, William A.
Borba, F. Frank Mammini and Warren Steinkamp
~one
None
ATTEST: