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HomeMy WebLinkAboutReso 2252-1955RESOLUTION NO. 2252 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO ADOPTING ENGINEERS' REPORT~ CONFIRMING THE ASSESSMENT, AND ORDERING THE WORK. RESOLVED by the City Council of the City of South San Francisco, California, that WHEREAS, on the 29th day of August 1955, said City Council adopted its Resolution of Intention No. 2207 to construct street improvements in said City, and referred the proposed improvements to WILSEY & HAM, licensed engineers appointed by said City Council as engineers to supervise the construction of street improvements in and for said City of the kind described in said resolution, and being competent persons appointed by said City Council for that purpose; and WHEREAS said City Council thereby directed said WILSEY & HAM, engineers, to make and file with the City Clerk of said City a report in writing, in accordance with and pursuant to the Municipal Improvement Act of 1913, as amended; and WHEREAS said report was duly made and filed with the City Clerk of said City, whereupon said City Clerk presented it to the City Council for consideration; and WHEREAS said City 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 ~rovisions of Section 2 of said Act, including (1) plans and specifications of the proposed improvement, (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; and WHEREAS Said City 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 City Council, pursuant to the require- ments of said Act, appointed Monday, the 3rd day of October, 1955, at the hour of eight o'clock p.m. of said day, in the Council Chambers, in the City Hall, South San Francisco, California, as the time and place for hearing protests in relation to said proposed improve- ments, and directing the City Clerk of said City to give notice of said hearing as required by said Act; and said hearing having been regularly continued to the 10th day of October, 1955, at the hour of 4:30 p'clock p.m.; and 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 City Clerk, whereupon said hearing was duly and regularly held at the time and place stated in said notice; and WHEREAS three (3) persons interested, objecting to said improvements, or to the extent of the assessment district, or to the proposed assessment or diagram or to tPhe grades at which said work will be done, or to the engineers' estimate of the costs and expenses thereof, filed written protests with the City Clerk of said City at or before the time set for hearing, and whereas all persons interested desiring to be heard were given an opportunity to be heard, and whereas no oral protests were entered at said hearing and, in addition, the written protest of said three (3) persons was withdrawn at said hearing; and WHEREAS all matters and things pertaining to said improvements were fully heard and considered by said City Council, NO~, THEREFORE, said City Council does hereby FIND, DETERMINE, AND ORDER as follows: 1. That aU the commencement of said hearing all written protests theretofore filed were withdrawn, that no other protests, either oral or written, were entered during said hearing, and'that therefore said City Council has acquired jurisdiction to order said improvement and to order the confirmation of said diagram and assessment to pay the costs and expenses thereof; 2. That, all written protests having been withdrawn, as specified in the foregoing finding and determination, and no oral protests having been made, the owners of one-half of the area to be assessed for the cost of the project did not, by written protests, object to said proposed improvements as a whole, or to said district or the extent thereof to be assessed for the costs and expenses of said improvements as a whole, or as to the engineers' estimate of said costs and expenses, or to the diagram or assessment to pay for the costs and expenses thereof; 3. 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 Resolution of Intention No. 2207 and made a part hereof by reference thereto; ~hat all public streets and highways within said assessment district, the same being 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 improvement~ 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 said engineers' estimate of the itemized and total estimated 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 engineers' total and detailed estimate of the costs and expenses of said improvements. 6. That the public interest and convenience require, and said City Council does hereby order, the 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 improvements, and also for further particulars pursuant to the provisions of said Municipal Improvement Act of 1913, as amended. 7. 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 improvements. 8. That the assessment of the total amount of the costs and expenses of the proposed ~ improvements upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by said subdivisons, respectively, from said improvements to be done, 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. 9. That said engineers' report be, and the same is hereby, finally adopted and approved as a whole. 10. 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 said City Council, with his certificate of such ~onfirmation thereto attached and of the date thereof; and that said Superintendent of Streets shall forthwith record said diagram and assess- ment 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. 11. That said Superintendent of Streets, upan the recording of said diagram and assessment, shall mail to each owner of real property within the assessment distriet~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 be 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 owners 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 unpaid assessments pursuant to the Improvement Bond Act of 1915, the last installment of which bonds shall mature fourteen (14) years from the second day of July next succeeding ten (10) months from their issue. 12. That said Superintendent of Streets shall also give notice by publishing a copy of a Notice to Pay Assessment by three (3) successive insertions in the SOUTH SAN FRANCISCO ENTERPRISE- JOURNAL, a newspaper published in said City, that said assessment has been recorded in his office, and that all sums assessed thereon are due and payable immediately, and that the payment of said sums is to be made to h~m sixty (60) 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 an adjourned regular meeting held this 10th day of October, 1955, by the following vote: AYES, Councilmen: Andrew Rocca, Emilio Cortesi, Richard Gamlen. ABSTAINED " Francis Lucchio Noes, " None ABSEI~ " Telford Smith Attest: Arthur A. Rodondi City Clerk