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HomeMy WebLinkAboutReso 7-1975WJML:KJmh 12-30-74-20 RESOLUTION NO. 7-75 A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT AND CONFIRMING THE SUPPLEMENTAL ASSESSMENT ANTOINETTE LANE STREET OPENING PROJECT ASSESSMENT DISTRICT SUPPLEMENTAL ASSESSMENT RESOLVED, by the City Council of the City of South San Francisco, California, that WHEREAS, on December 4, 1974, this Council adopted its Resolution of Intention No. 228-74 to levy a supplemental assessment to pay the deficit in costs, damages and expenses of the acquisitions and improve- ments in said City, and referred the proposed supplemental assessment to the Engineer of Work, he being a competent person appointed by said Council for that purpose; WHEREAS, this Council thereby directed said Engineer of Work to make and file with the City Clerk 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, this 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 provisions of said Act, including (1) diagram of district, and (2) a supplemental assessment according to benefits, all of which was done in the form and manner required by said Act; WHEREAS, this 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 WednesdaY, the 15th day of January, 1975, at the hour of 7'30 o'clock P.M. of said day, in the regular meeting place of said Council, City Hall, South San Francisco, California, as the time and place for hearing protests in relation to said proposed supplemental assessment, 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 and manner required by said Act, as evidenced by the certificates and affidavits on file with said Clerk, whereupon said hearing was duly and regularly held at the time and place stated in said notice; _ WHEREAS, ~ persons interested, objecting to the extent of the supplemental assessment district, or to the proposed supplemental assessment or diagram, or to the amount of said supplemental assess- ment, 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 opportunity to be heard, and all matters and things pertaining to said supplemental assessment were fully heard and considered by this Council, and said Council has acquired jurisdiction to confirm said diagram and supplemental assessment; NOW, THEREFORE, said Council 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 said proposed supplemental 2 assessment, or the amount thereof, or against the said district or the extent thereof, or against the diagram. 2. That the district benefited by said acquisitions and improve- ments and to be assessed to pay the deficit in the costs, expenses and damages thereof, and the exterior boundaries thereof, are more par- ticularly described in said Resolution of Intention and made a part hereof by reference thereto. That all public streets and highways within said supplemental 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 deficit in the costs, expenses and damages of said acquisitions and improvements. 3. That the diagram showing the supplemental assessment district referred to and described in said ReSolution of Intention, and also the boundaries and dimensions of the respective subdivisions 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 csntained in said report, be, and it is hereby finally approved and confirmed as the diagram of the properties to be assessed to pay the deficit in the costs, expenses and ~damages of said acquisitions and improvements. 4. That the supplemental assessment of the total amount of the deficit in the costs, expenses and damages of said acquisitions and improvements upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by said subdi- visions, 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 supplemental assessment to pay the deficit in the costs, expenses and damages of said acquisitions and improvements. 5. That said Engineer's report be, and the same is hereby finally adopted and approved as a whole. 6. That the City Clerk shall forthwith deliver to the Super- intendent of Streets the said supplemental assessment, together with said diagram thereto attached and made a part thereof, as confirmed by this Council, with his certificate of such confirmation thereto at- tached and of the date thereof; and that said Superintendent of Streets shall record said diagram and supplemental 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 supplemental assessment roll herein. 7. That said Superintendent of Streets, upon the recording of said diagram and supplemental assessment, shall mail to each owner of real property within the supplemental 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 supplemental 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 supplemental assessments pursuant to the Improvement Bond Act of 1915, the last installment of which bonds shall mature not to exceed fourteen (14) years from the second day of July next succeed- ing ten months from their date. 8. That said Superintendent of Streets shall also give notice by publishing a copy of a Notice to Pay Supplemental Assessments once a week for two weeks in the Enterprise-Journal, a newspaper published in said City, that said supplemental assessment has been recorded in his office, that all sums assessed thereon are due and payable immedi- ately, and that the payment of said sums is to be made thirty (30) days after the date of recording said supplemental assessment, which date shall be stated in said notice, and of the fact that bonds will be issued upon unpaid supplemental 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 15th day of Janua~ , 1975, by the following vote: AYES, COUNCILMEN Richard Battaglia, F. Frank Ham~ini, Terr~ J. Nirri, Leo Padreddii and Warren Steinkamp NOES, ABSENT, COUNCILMEN ~one COUNCILMEN ~one ATTEST: City Clerk