HomeMy WebLinkAboutReso 5837-1972RESOLUTION NO. 5837'
A RESOLUTION AND ORDER ADOPTING ENGINEER' S
REPORT, CONFIRMING THE ASSESSMENT AND
ORDERING THE WORK
EL CAMINO REAL SIDEWALK PROJECT
(Orange to Chestnut)
ASSESSMENT DISTRICT
RESOLVED, by the City Council of the City of South
San Francisco, California, that
WHEREAS, on February 7, 1972, this Council adopted
its Resolution of Intention No. 5765 to construct public
improvements in said City, and referred the proposed
improvements to the Director of Public Works of said City,
he being the officer having charge and control of the con-
struction of improvements in and for said City of the kind
described in said Resolution of Intention and being acom-.
petent person employed by said City for that purpose;
WHEREAS, said Council thereby directed said Director
of Public Works 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
City Clerk, whereupon said Clerk presented it to this Council
for consideration;
WHEREAS, said Council thereupon duly considered said
report and each and every part thereof and found that it con-
tained all the matters and things called for by the provisions
of said Act, including (1) plans and specifications of the
proposed improvements, (2) estimate of costs, (3) diagram of
district, and (4) an assessment according to benefits, all of
which was done in the form and manner required by said Act;
~[EREAS, 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 subse-
quent proceedings under said Act, whereupon said Council,
pursuant to the requirements of said Act, appointed Monday,
the 1st day of May, 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 improvements, 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, no persons interested, objecting to
said improvements, or to the extent of the assessment district,
or to the proposed assessment or diagram, 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 Clerk of said City at or before the time set for hearing,
and all persons interested desiring to be heard were given an
opportunity to be heard, and all matters and things pertaining
to said improvements were fully heard and considered by this
Council, and were overruled, and this Council has acquired
Jurisdiction to order said improvements and the confirmation
of said diagram and assessment to pay the costs and expenses
thereof;
NOW, THEREFORE, said Council does hereby FIND, DETERMINE
and ORDER, as follows:
lo 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 improvements as a whole, or against the said
district or the extent thereof to be assessed for the costs
and expenses of said improvements as a whole, or as to the
Engineer's estimate of said costs and expenses, or against the
diagram or assessment to pay for the costs and expenses thereof.
2. That the district benefited by said improvements and
to be assessed to pay the costs and expenses thereof, and the
exterior boundaries thereof are more particularly described in
said Resolution of Intention and made a part hereof by refer-
ence thereto° That all public streets and highways 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
improvements°
3° 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 Resolu-
tion of Intention°
4o That the Engineer's estimate of the itemized and
total costs and expenses of said improvements, and of the
incidental expenses in connection therewith, contained 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 improvements°
5o That the public interest and convenience require, and
said Council does hereby order the improvements to be made as
described in and in accordance with said Resolution of Inten-
tion on file in the office of the City Clerk, reference to
which is hereby made for a more particular description of said
improvements and also for further particulars pursuant to the
provisions of said Municipal Improvement Act of 1913.
6o 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 ~mprove-
ments.
7. That the assessment of the total amount of the costs
and expenses of the proposed improvements upon the several sub-
divisions of land in said district in proportion to the
estimated benefits to be received by said subdivisions, respec-
tively, from said 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 improvements.
8. That said Engineer's report be, and the same is hereby
finally adopted and approved as a whole.
9. That the City Clerk shall forthwith deliver to the
Superintendent of Streets 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 the 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.
10. 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.
11. 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 (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
introduced and adopted by the City Council of the City of South San Francisco
at a regular meeting held this Ist day of May, 1972, by the following vote:
AYES, COUNCILMEN Patrick E. Ahern, Gordon T. Boblitt, William A. Borba,
NOES, "
ABSENT, "
F. Frank Mammini and Warren Steinkamp
None
None
ATTEST: ~
Ci~Clerk
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