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HomeMy WebLinkAboutReso 155-1982RESOLUTION NO. 155-82 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 ASSESSMENT, APPOINTING COLLECTION OFFICER, AND PROVIDING FOR NOTICE TO PAY ASSESSMENTS THE GATEWAY ASSESSMENT DISTRICT NO. ST-82-2 RESOLVED, by the City Council of the City of South San Francisco, County of San Mateo, California, that WHEREAS, on July 7, 1982, this Council adopted Resolution No. 74-82, A Resolution of Intention to Make Acquisitions and Improvements, and therein directed the Engineer of Work 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 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 Decenber 1, 1982, at the hour of 7:30 o'clock p.m., in the regular meeting place of this Council, Municipal Services Building, 33 Arroyo Street, South San Francico, 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 Council, and all protests, both written and oral, were duly heard, considered and overruled, and this 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 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 descriptions, 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, 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; ill' tli (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, 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. 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 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 said Clerk shall forthwith: (a) deliver said assessment to the Superintendent of Streets, together with said diagram, as approved and confirmed by this Council, with a certificate of such confirmation and of the date thereof, executed by said Clerk, attached thereto; and (b) cause a copy of said assessment diagram and a notice of assessment, executed by said Clerk, to be fi led 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 installment of~principal of said bonds. 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 the City of South San Francisco is appointed Collection Officer for said assessments and the person to whom payment of said assessments shall be made, and that the office of said Director of Finance, at City Hall, 400 Grand Avenue, South San Francisco, California 94080, is designated as the place at which said payments will be made, and the Superintendent of Streets is hereby relieved of all responsibility in connection with collecting assessments. However, pursuant to waivers, contained in documents heretofore executed by all of the owners of the properties upon which the assessments herein have been levied and which waivers are on file in the office of the City Clerk, the period during which said assessments may be paid, in whole or in part, has been waived. Further, pursuant to said waivers, said owners have waived their rights to have notice of said assessments mailed or published and to have the bonds dated after the said cash payment period. Accordingly, there shall be no period during which said assessments may be paid in cash nor shall there be notice written or published of such period and of the rights of said owners to pay said assessments in cash. 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 on this 1st day of December , 1982, by the following vote: AYES: Councilmembers Ronald G. Acosta, Mark N. Addie§o, Emanuele N. Damonte, Gus Nicolopulos; and Roberta Cerri Teglia NOES: No ne ABSENT: None ATTEST: ·