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HomeMy WebLinkAboutReso 5336-1970RESOLUTION NO. 5336 A RESOLUTION OF DETEPJ4INATION, UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE, TO PROCEED WITH PROCEEDINGS FOR ACQUISITIONS AND IMPROVEMENTS SOUTH MAPLE AVENUE - SOUTH CANAL STREET RELIEF PUMP 'AND STORM DRAINAGE ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of South San Francisco, California, tha~ WHEREAS, in accordance wi~h the order of this Council a report has been filed with this Council pursuant to Division 4 of the Streets and Highways Coce for the acquisition and con- struction of the' following public improvements in and for said City: The construction of reinforced concrete storm drain- age pipes, catch basLns, manholes and appurtenances in South Maple Avenue from South Canal Street southerly about 750 feet and in South Canal Street from a point about 300 feet westerly of the west- erly line of South Maple Avenue t° South Linden Avenue, and in South Linden Avenue from South Canal Street souther].y about 160 feet;. The construction of a storm drainage relief pump station complete with concrete work, street excavation, backfill, pumps, and electrical work at the southeast corner of South Canal street and South Maple Avenue, and a reinforced concrete force main from said pump ~tation across South Canal Street to Colma Creek; o) The acquisition of all lands and easements and the construction of all work auxiliary to any of the 'above and necessary to complete the same; WHEREAS, Monday, the 15th day of June, 1970, at the hour of 8:00' o'clock P.M., in the Ccuncil Chambers, City Hall, South San Francisco, California, were fixed by this Council as the time and place for hearing upor. 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 affi- davits on file with the 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 hearing 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 sufficiency of the proceedings setting forth the irregularity or defect to which objections were made, and which were filed with the City Clerk at or before the time fixed for the hearing, were fully heard and considered by this Council NOW, THEREFORE, IT IS ORDEP~D, as follows: 1. That said improvements constitute a single comprehen- sive scheme for the constructior, of said improvements as described in Resolution of Preliminary Determination for these proceedings heretofore adopted by this Council on APril 6, 1970. 2. That the owners of more than one-half of the area of the property to be assessed for the acquisitions and improve- ments have 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. 3. That the owners of more than one-half of said area to be assessed have, either orally or in writing, protested or objected to the ordering of said things proposed to be done, and' that each and all of said protests are hereby overruled. .3A. That this Council deems said storm drainage'improve- ments to be necessary for the inhabitation or use of the · property benefited. 2 4. That said report ar.d proceedings heretofore had thereon or therefor are valid and fully conform with the pro- visions of Division 4 of the Streets and Highways Code, and all protests in writing relating to the regularity of suffi- ciency of the proceedings, filed with said 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 for in said 'Division 4 may be disregarded, both with respect to the limitations on the district as a whole, and as to the limitations on individ- ual specified assessments. 6. That the lands Prol)osed to be specially assessed to pay the costs and expenses of said acquisitions and improvements are all as shoE~ on the diagram of the proposed assessment district, which is a part of the 'report of the Director of Public Works of said City. 7. That proceedings for the acquisition and construc- tion 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 ~f 1915. I hereby certify that the foregoing resolution was regularly intro- duced znd adopted by the City Coun¢i~ of the City of South San Francisco at a reg.mlar meeting held this 15th day of 3une, 1970, by the following vote: AYES, COUNCILMEN NOES, " ABSENT, " Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and W~rren $teinkamp None None