HomeMy WebLinkAboutReso 5412-1970RESOLUTION NO. 5412
A RESOLUTION OF DETERMINATION, UNDER DIVISION 4 "0F
THE STREETS AND HIGHWAYS CODE, TO PROCEED WITH
PROCEEDINGS FOR ACQUISITIONS AND IMPROVEMENTS
TANFORAN AVENUE-SHAW ROAD STORM DRAINAGE PROJECT
ASSESSMENT DISTRICT
RESOLVED, by the City Council of the City of South
San Francisco, California, that
WHEREAS, in accordance with the order of this Council,
a report has been filed with this Council Pursuant to Divi-
sion 4 of the Streets and Highways Code for the acquisition
and construction of the following public improvements in
and for said City, to wit:
The construction o~ R.C.P. storm drainage
pipes, manholes, and all appurtenant struc-
tures and facilities from an existing
transition structure in the southwesterly
extension of Tanforan Avenue westerly of the
Southern Pacific Railroad right of way north-
easterly across and under said right of way
to and along Tanforan Avenue to San Mateo
Avenue, thence easterly in Shaw ROad about
850 feet, thence northeasterly in easements
to be acquired herein to a navigable slough;
The acquisition of all easements and the con-
struction of all inprovements auxiliary to any
of the above and necessary to complete the same;
WHEREAS, Monday, the 21st day of September, 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 pro-
vided by law, as appears fron affidavits thereof on file
with the City Clerk;
WHEREAS, this Council determined that said report
should be heard before this Council, it being the legisla-
rive 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 assess-
ments upon each parcel of land, was read before protests
were considered; and
WHEREAS, all persons ir,terested desiring to be heard
were fully heard, and all Oral protests or objections made
at the hearing to the order:ng 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 proceed-
ings setting forth the irregularity or defect to which
objections were made, and w~,ich were filed with the City
Clerk of this City at or before the time fiXed for the hear-
ing, were fully heard and considered by the Council;
NOW, THEREFORE, IT IS ORDE..RED, as follows:
1. That said improvements constitute a single com-
prehensive scheme for the construction of said improvements
as described in Resolution ,f Preliminary Determination for
these proceedings heretofore adopted by this Council on
January 5, 1970.
2. That the owners of more than one-half of the area
of the property to be assessed for the acquisitions 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 pro-
posed to be done, contained in said report.
3. That the owners of more than one-half of said area
to be assessed have not, either orally or in writing, pro-
tested or objected to the ordering of~ said 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
provisions of Division ~ of the Strokers .and Highways Code,
and all protests in writing relating to the regularity or
sufficiency of the proceedings, filed with said City Clerk
at or before the time fixed for said hearing, are. hereby
overruled o
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 Divi-
sion $ may be disregarded, both with respect to the limita-
tions on the district as a whole, and as to the limitations
on individual specified assessments,
6. That 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 pro-
posed assessment district, w~.ich is a part of the report of
the Director of Public Works of this 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 19B1 and the Municipal Improvement Act of 19lB, and
the bonds upon the unpaid assessments 'will be issued pur-
suant to the Improvement Bond Act of 1915.
I hereby cert'ify that the foregoing resolution was regularly intro-
duced and adopted by the City Counci' of the City of South San Francisco
at a regular meeting held this 5th day of October, 1970, by the following
vote:
AYES, COUNCILMEN
NOES, "
ABSENT, "
Patrick E. Ahem, Frank J. Bertucelli, ~;illiam A.
Borba, F. Frank ~ammini and Warren Steinkamp
None
None
ATTEST