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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 · 2 ~ 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 ~5 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: