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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