HomeMy WebLinkAboutReso 245-19770281A-22a
WJML:KIJ:shw 12/14/77
RESOLUTION NO. 245-77
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT,
CONFIRMING ASSESSMENT AND ORDERING WORK
AND ACQUISITIONS
GELLERT BOULEVARD EXTENSION PROJECT
ASSESSMENT DISTRICT
PROJECT NO. ST 77-5
RESOLVED, by the City Council of the City of South San
Francisco, California, that
WHEREAS, on the 4th day of May, 1977, said Council adopted its
Resolution of Intention No. 52-77, that the public interest,
convenience and necessity required and that it intended to order
certain acquisitions and improvements therein particularly
described, and referred the proposed acquisitions and improvements
to the City 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 City
Clerk, whereupon the 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 contained all the
matters and things called for by the provisions of said Act,
including (1) maps and descriptions of lands and easements to be
acquired; (2) plans and specifications of the proposed improvements;
(3) estimate of costs; (4) diagram of district; and (5) an
assessment according to benefits, all of which was done in the form
and manner required 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 and said Resolution of Intention, whereupon said
Council, pursuant to the requirements of said Act, appointed Monday,
the 7th day of December, 1977, at the hour of 7:30 p.m., of said day
in the Council Chambers, West Orange Avenue Library Auditorium,
South San Francisco, California, as the time and place for hearing
protests in relation to said acquisitions and improvements and
directing the Clerk of said City to give notice of said hearing as
required by said Code;
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 certificates and
affidavits on file with said Clerk, whereupon said hearing was duly
and regularly held at the time and place advertised in said notices;
WHEREAS, persons interested objecting to said
acquisitions and improvements, or to the extent of the assessment
district, or to the proposed assessment or diagram, to the grades at
which said work will be done, or the Engineer's estimate of the
costs and expenses thereof, or to the maps and descriptions, filed
written protests with the Clerk of said City at or before the time
set for said hearing, and all persons interested, desiring to be
heard were given an opportunity to be heard and all matters and
things pertaining to said acquisitions and improvements were fully
heard and considered by said Council, and were overruled and said
Council has acquired jurisdiction to order said acquisitions and
improvements and the confirmation of said Engineer's Report;
NOW, THEREFORE, said Council does hereby FIND, DETERMINE and
ORDER, as follows:
1. That the owners of one-half of the area of the property to
be assessed for the cost of said project did not, at or prior to the
time fixed for said hearing, file written protests against said
acquisitions and improvements, or as to the Engineer's estimat~ of
costs and expenses of said project, or against the grades at which
said work is proposed to be done, or against the maps and
descriptions.
2. That any and all protests made either to said proposed
acquisitions and improvements, or the grades at which said work is
proposed to be done, or the extent of the assessment district, or
the maps and descriptions, and all persons desiring to be heard in
relation to any of said matters, whether as protestants or
otherwise, have been fully heard and considered, and have been
overruled.
3. 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 particularly
described in said Resolution of Intention and made a part hereof by
reference 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 acquisitions and
improvements.
4. 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 Resolution of
Intention.
5. 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, 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 acquisitions and improvements.
6. 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.
7. 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 of said City,
reference to which is hereby made for a more particular description
of said acquistions and improvements, and also for further
particulars pursuant to the provisions of said Municipal Improvement
Act of 1913.
8. 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 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 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.
9. 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.
10. That said Engineer's Repor.t be, and the same is hereby,
finally adopted and approved as a whole.
11. 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 her 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.
12. That the Collection Officer, upon the recording of said
diagram and assessment, shall cause to be mailed 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 of said City, 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 date of recordation of the assessment, the time and place of
payment thereof and the effect of failure to pay within such time,
together with a statement of the fact that bonds will be issued on
the unpaid assessments pursuant to the Improvement Bond Act of 1915.
13. That said Collection Officer shall also cause Notice to
Pay Assessments to be published in the Palo Alto Times, a newspaper
published and circulated in said City, that said assessment has been
recorded and that all sums assessed thereon are due and payable
immediately and that the payment of said sums is to be made within
thirty (30) days after the date of recording said assessment, which
date shall be stated in said notice, the effect of the failure to
pay assessments within the 30 day period, and of the fact that bonds
will be issued upon unpaid assessments as above provided. Said
publication shall be made once a week for two successive weeks with
at least five days intervening between the respective publication
dates, not counting such publication dates.
14. That final adoption and approval of the Engineer's Report
as a whole, and of the plans and specifications, estimate of the
costs and expenses, maps and descriptions of the lands and easements
to be acquired, the diagram and the assessment, as contained in said
Report, as hereinabove determined and ordered, is intended to and
shall refer and apply to said Report, or any portion thereof, as
amended, modified, revised or corrected by, or pursuant to and in
accordance with any.resolution or order, if any, heretofore duly
adopted or made by this Council.
I hereby certify that the foregoing resolution was 'regularly
introduced and adopted by the City Council of the City of South San
Francisco, California, at a regular meeting held on the 21st day of
December, 1977, by the following vote:
AYES,
Counc i lmembe r s:
Councilmembers:
Councilmembers:
Councilmembers:
NOES,
ABSENT,
ABSTAIN,
Richard A. Battaglia, Emanuele N. Damonte,
Terry J. Mirri and Leo Padreddii
No n e
None
William A. Borba
ATTEST ·
®
City Clerk