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HomeMy WebLinkAboutReso 5338-1970RESOLUT-ON NO. 5338 A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS 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 WHEREAS, on the 6th day of April, 1970, said Council did adopt its Resolution of Intention No. 5277 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 fil=. with the Clerk of this 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, whereupo~ said Clerk presented it to the Council for consideration; WHEREAS, said Council t.~ereupon duly considered said report and each and every part thereof and foUndS·that it con- tained all the matters and t.~ings called for by the provisions of said Act, including (1) maps and descriptions of lands and easements to be acquired, (2) plans and specifications of the proposed· improvements, (3) estimate of costs, (4) diagram of , district, and (5) an assess~.ent according to' benefits, all of which was done in the form snd 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 8:00 o'clock PoMo, of said day in the Council Chambers, City Hall, South San Francisco, California, as the time and place for hearing protests in relation to said pro posed acquisitions and improvements, and directing the City Clerk to give notice of said hearing ~s reqUired by said Act; WHEREAS, it appears that notices of said hearing were duly and regularly posted, mailed and published in the time, form and manner required by said Act, as evidenced by the affidavits on file with said Clerk, whereupor said hearing was duly and regu- larly held at the time and place stated in said notice; and WHEREAS, 18 perscns 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 writter, protests with the City Clerk at or before the time set for ?rearing, and all persons interested desiring to be heard were giver, an opportunity to be heard, and all matters and things pertain~_ng to said acquisitions and improvements were fully 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 Coun,~.il 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, at or prior to the time fixed for said hearing file written protests against the said proposed acquisitions and improvements as a whole, or against the said district or the ext~nt thereof to be assessed for the costs and expenses of said a~quisitions and improvements as a whole, or as to the Engineer's ~stimate of said costs and expen- ses or against the maps anddescriptions or against the diagram or assessment to pay for the costs 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 Resclution 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 district and from the levy and collection of the special taxes to be hereafter levied and collected 'to cover the costs and expenses · of'said.acquisitions and improvements. · ~B. 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, and 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 a~d 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 ard improvements, and also for further particulars pursuant to the provisions of said Nunicipal Improve- ment Act of 1913. ?. That the diagram showing the assessment district referred t° 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 Resolution of Intention, each of which subdivisions having been given a separate number upon said diagram, as contained in saLd report, be, and it is hereby, finally approved and confirne~ as the diagram 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 e~stimated 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 th~ 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 s?~ll 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 statenent 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 Superirtendent 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 ~ssessed thereon are due and payable immediately, and that the payment of said sums is to be made thirty (30) days after the date 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 foregoing resolution was regularly intro- duced and adopted by the City Courcil of the City of South San Francisco at a regular meeting held this 15~h day of 3une, 1970, by the following vote: AYES, COUNCILMEN NOES, " ABSENT, " Patrick E. Ahem, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp None None