HomeMy WebLinkAboutReso 39-1979 ,1957A
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04/10/79
RESOLUTION NO. 39-79
A RESOLUTION ADOPTING ENGINEER'S REPORT,
CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND
ACQUISITIONS, DIRECTING RECORDING AND FILING OF
ASSESSMENT, ASSESSMENT DIAGRAM AND NOTICE OF ASSESS-
MENT, APPOINTING COLLECTION OFFICER, AND PROVIDING
FOR NOTICE TO PAY ASSESSMENTS
CITY OF SOUTH SAN FRANCISCO
DOWNTOWN REVITALIZATION PROJECT NO. ST-79-1
BE IT RESOLVED, by the City Council of the City of South San Francisco,
County of San Mateo, California, that
WHEREAS, on January 3, 1979, this City Council adopted Resolution No.
2-79, A Resolution of Intention to Make Improvements, and therein directed the
City Engineer to make and file a report in writing in accordance with and
pursuant to the Municipal Improvement Act of 1913;
WHEREAS, said report was duly made and filed, and duly considered by
this City Council and found to be sufficient in every particular, whereupon it
was determined that said report should stand as the Engineer's Report for all
subsequent proceedings under and pursuant to the aforesaid resolution, and
April 18, 1979, at the hour of 7:30 o'clock p.m., in the regular meeting place
of this City Council, West Orange Avenue Library Auditorium, 840 West Orange
Avenue, San Francisco, California, were appointed as the time and place for
hearing protests in relation to said proposed acquisitions and improvements,
notices of which hearing were duly and regularly posted, mailed and published;
and
WHEREAS, said hearing was duly and regularly held, 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 this City Council, and all protests, both written and
oral, were duly heard, considered and overruled, and this City Council thereby
acquired jurisdiction to order said acquisitions and improvements and the
confirmation of said diagram and assessment to pay the costs and expenses
thereof.
NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED, 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 or
the grades at which said work is. proposed to be done, as a whole or as to any
part thereof, or against the said proposed acquisitions and improvements or
the grades at which said work is proposed to be done, as a whole or as to any
part thereof, 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 any part thereof, or against the engineer's estimate of
costs and expenses, in whole or in part, or against the maps and description,
in whole or in part, or against the diagram or the assessment to pay for the
costs and expenses thereof, in whole or in part.
2. That the public interest, convenience and necessity require that
said acquisitions and improvements be made.
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 as shown by a map thereof filed in the office of the
City Clerk on March 7, 1979, which map is made a part hereof by reference
thereto.
4. That said Engineer's Report as a whole and each part thereof, to wit:
(a) the plans and specifications for the proposed improvements;
(b) the maps and descriptions of the lands and easements to be
acquired, if any;'
(c) 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;
(d) the diagram showing the assessment district and the boundaries
and dimensions of the respective subdivisions of land within said
district; and
(e) 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,
are finally approved and confirmed.
5. That final adoption and approval of the Engineer's Report as a
whole, and of the plans and specifications, maps and descriptions of the lands
and easements to be acquired, estimate of the costs and expenses, 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, or revised or corrected by, or pursuant
to and in accordance with, any resolution or order, if any, heretofore duly
adopted or made by this City Council.
6. That said acquisitions and improvements be made, and that said
assessment to pay the costs and expenses thereof is hereby levied. For
further particulars pursuant to the provisions of said Municipal Improvement
Act of 1913, reference is hereby made to said Resolution of Intention.
7. That based on the oral and documentary evidence, including said
Engineer's Report, offered and received at said protest hearing, this City
Council expressly finds and determines (a) that each of said several
subdivisions of land will be specially benefited by said acquisitions and
improvements at least in the amount, if not more than the amount, of the
assessment apportioned against said subdivisions of land, respectively, and
(b) that there is substantial evidence to support, and the weight of said
evidence preponderates in favor of, the aforesaid finding and determination as
to special benefits.
8. That the City Clerk shall forthwith:
(a) deliver said assessment to the Superintendent of Streets,
together with said diagram, as approved and confirmed by this City
Council, with said City Clerk's certificate of such confirmation
and of the date thereof attached thereto;
(b) cause a copy of said assessment diagram and a notice of
assessment, executed by said Clerk, to be filed and recorded,
respectively, in the office of the County Recorder of the County of
San Mateo, such notice to be in substantially the form provided in
Section 3114 of the Streets and Highways Code.
Said Superintendent of Streets shall record said assessment and diagram
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.
From the date of recording of said notice of assessment, all persons
shall be deemed to have notice of the contents of such assessment, and each of
such assessments shall thereupon be a lien upon the property against which it
is made, and unless sooner discharged such liens shall so continue for the
period of four (4) years from the date of said recordation, or in the event
bonds are issued to represent said assessments, then such liens shall continue
until the expiration of four (4) years after the due date of the last
installment upon said bonds or of the last principal coupon attached thereto.
The appropriate officer or officers are hereby authorized to pay any and
all fees required by law in connection with the above.
9. That the Director of Finance of this City is appointed Collection
Officer for, and the person to whom payment of, said assessments shall be'
made, and that his office at City Hall, 400 Grand Avenue, South San Francisco,
California, is designated as the place at which the said payments will be
made, and the Superintendent of Streets is hereby relieved of all
responsibility in connection with collecting assessments. Said Collection
Officer, upon said recording of the assessment and diagram, shall cause NOtice
to Pay Assessments to be mailed and published. Said notice shall state that
the assessment has been recorded, as provided in Section 10402 of the Streets
and Highways Code, and the date thereof, that all sums assessed therein are
due and payable immediately and payment thereof is to be made to the
Collection Officer at his office within 30 days after said date of recording
and assessment, and the effect of failure to pay within such time, including
the fact that bonds will be issued pursuant to the Improvement Bond Act of
1915 to represent and upon the security of said assessments which are not paid
within said 30-day period; and, in addition, said notice to be mailed shall
contain a designation by street number or other description of the proporty
assessed sufficient to identify same and the amount of the assessment thereon.
Said mailed notice shall 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 County of San Mateo, or on file in the office of or as known
to the City Clerk, or to both addresses if said address is not the same, or to
the general delivery when no address so appears; and said published notice
shall be published once a week for two successive weeks (with at least five
days intervening between the respective publication dates, not counting such
dates) in the Enterprise Journal, a newspaper published and circulated in the
City of South San Francisco.
I hereby certify that the foregoing resolution was duly and regularly
adopted by the Council of the City of South San Francisco, at a regular
meeting thereof held on the 18th day of April , 1979, by the
following vote, to wit:
AYES: Counc i lmembers
NOES: Counc i lmembers
Ronald G. Acosta, Emanuele N. Damonte, Terry J.
Mirri; Roberta Cerri Teglia
None
ABSENT: Councilmembers None
ABSTAIN' Councilmembers William A. Borba
ATTEST:
City Clerk