HomeMy WebLinkAboutReso 5816-1972RESOLUTION NO.-' 58~6
A RESOLUTION ~AND ORDER ADOPTING ENGINEER ' S REPORT,
CONFIRMING THE ASSESSMENT AND ORDERING THE WORK
AND ACQUISITIONS
ANTOINETTE LANE STREET OPENING PROJECT
ASSESSMENT DISTRICT
RESOLVED, by the City Council of the City of South
San Francisco, California, that
WHEREAS, on October 18, 1971, this Council adopted its
Resolution of Intention No. 5697 to acquire and construct
public improvements in said City, and referred the proposed
acquisitions and improvements to the Engineer of Work 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 Intention, and being a
competent person appointed by said City for that purpose;
WHEREAS, said Council thereby directed said Engineer
to make and file 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, whereupon said Clerk presented it to the
Council for consideration;
WHEREAS, said Council thereupon duly considered said
report and each and every part thereof, and found that it
contained all ~the matters and things called for by the pro-
visions of said Act, including (1) plans and specifications
of the proposed improvements, (2) estimate of costs, (B)
diagram of district, (4) an assessment according to benefits,
and (5) maps and descriptions of lands and easements to be
acquired, all of which was done in the form and manner re-
quired 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 20th day of March, 1972, at the hour of 8:00 o'clock P.M.
of said day, in the Council Chambers, City Hall, South San
Francisco, California, as the time and place for hearing pro-
tests in relation to said proposed acquisitions and improve-
ments, and directing the City Clerk to give notice of said
hearing as 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, whereupon said hearing
was duly and regularly held at the time and place stated in
said notice; and
WHEREAS, one (I) person interested, objecting to
said acquisitions and improvements, or to the extent of the
assessment 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 oppor-
tunity to be heard, and all matters and things pertaining to
said acquisitions and improvements were fully heard and con-
sidered by said Council, and were overruled, and said Council
has acquired Jurisdiction to order said acquisitions and im-
provements and~ the confirmation of said diagram and assessment
to pay the costs and expenses thereof;
NOW, THEREFORE, said Counoil 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
fixed for said hearing, file written 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's estimate of said costs and
expenses, or against the maps and descriptions, 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 Resolution 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
dis~trict 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.
3. That the plans and specifications for the proposed
improvements, containsd in said report, be, and they are
hereby finally adopted and approved as the plans and specifi-
cations to which said work shall be done as called for in said
Resolution of Intention.
~. 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
easements 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 Resolution of Intention on file in the office of
the City Clerk, reference to which is hereby made for a more
particular description of said acquisitions and improvements
and also for further particulars pursuant to the provisions
of said Municipal Improvement Act of 191~.
?. 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 sub-
divisions 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 said report, be,
and it is hereby finally approved and confirmed as the diagram
of the properties to be assessed to pay the costs and expenses
of said acquisitions 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 of this City the said assessment,
together with said diagram thereto attached and made a part
thereof, as confirmed by this Council, with his certificate of
such confirmation thereto attached and of the date thereof; and
that said Superintendent of Streets shall record said diagram
and assessment in his office in a suitable book to be kept for
that purpose~ 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 of Streets, upon the record-
ing Of said diagram and assessment, shall mail to eaCh owner of
real property 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.
12. That said Superintendent of Streets shall also give
notice by publishing a copy of a Notice to Pay Assessments by
three successive insertions in the Enterprise-Journal~ a.news-
paper published in said City~ that said assessment has been
recorded in his office~ that all sums assessed thereon are due
and payable immediately, and that the payment of said sums is
to be made thirty (90) 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 Council of the City of South San Francisco
at a regular meeting held this 17th day of April, 1972, by the following
vote:
AYES, COUNCILMEN
NOES, "
ABSENT, "
Patrick E. Ahern, Frank J. Bertucelli, William A.
Borba, F. Frank Mammini and Warren Steinkamp
None
None
ATTEST
6