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HomeMy WebLinkAboutReso 2693-1958296 RESOLUTION NO. 2693 RESOLUTION CONFIRMING ASSESSMENT AND~ORDERING PROPOSED IMPROVE~IENT TO BE MADE: PROVIDING FOR NOTICE OF RECORDING OF ASSESSMENT; AND DIRECTING CITY TAX COLLECTOR TO COLLECT AND RECEIVE MONEY INDUSTRIAL PARK IMPROVEMENT DISTRICT NO. 3 WHEREAS, the City Council of the City of South san Francisco heretofore by Resolution of Intention No. 2671 adopted July 21, 1958, declared its intention to order the work to be done and the acquisitions and improvements to be made as described in said Resolution of Intention, all in an assessment district designated "Industrial Park Improvement District No. 3" comprising the territor~ described in said Resolution of Intention; and WHEREAS, said City Council in and by said Resolution of Intention referred said work and acquisitions and improvements to Wilsey &~Ham as Engineers of Work for said District and directed said Engineers to make and file with the City Clerk of said City a report in writing; and WHEREAS, said Engineers duly filed with .said City Clerk their report in writing including contract documents, plans and specifications, general description of works and property to be acquired, estimate of cost of improvement and of land, rights of way, easements and incidental expenses in connection with said improvement, diagram and a proposed assessment of the total amount of the costs and expenses of said pro- posed improvement upon the several subdivisions of land in said District in proportion to the estimated benefits to be received by such subdivisions, respectively, from the improvement, all in accordance with Sections 10203 and 10204 of the California Streets and Highways Code; and WHEREAS said City Council by Resolution No. 2674 entitled "Resolution Adopt- ing, Confirming and Approving Engineers' Report of Acquisitions and Improvements in Industrial Park Improvement District No. 3 and Appointing Time and Place for Hearing Protests to Proposed Acquisitions and Improvements", duly adopted on July 21, 1958, approved said Engineers' Report and fixed Tuesday, September 2, 1958, at 8:00 p.m. (Cal. D.S.T.) at the meeting room of the City Council, City Hall, South San Francisco, Calif- ornia, as the time and place for hearing protests or objections to the proposed acquis- itions and improvements, the extent of the assessment district or to the proposed assess- ment, and provided for notice of said hearing; and WHEREAS, the City Clerk of the City of South San Francisco duly mailed notice of the adoption of said Resolution of Intention and of the filing of said report to the owner of the real property proposed to be assessed and said owner has filed with this City Council a letter dated July 23, 1958, acknowledging receipt of a certified copy of said Resolution No. 2674 and a copy of said report and waiving the right to protest or object at said hearing; and said owner by petition dated July 18, 1958, waived the publishing and posting of notice of improvement and'the mailing of notice of adoption of resolution of intention and of hearing thereon in these proceedings and it is accord- ingly unnecessary for said City Clerk to file with said City Council an affidavit set- ting forth the time and manner of the compliance with the'requirements of Chapter 4, Division 12 of the California Streets and Highways Code for publishing, posting and mailing notices of the passage of the said Resolution of Intention and of the time and place for hearing protests or objections to said proposed improvement; and said City Council hereby finds that notice of the passage of said Resolution of Intention and of the time and place for hearing protests or objections to said proposed improvement has been duly given; and WHEREAS, said hearing was duly held by said City Council at said time and place for the hearing of all objections to said proposed work and acquisit~ons and improvements; and ~' ~SIEREAS, no written protests or objections were filed with the City Clerk at or before the time s~t e~ ~=~ ~o~ ..... ~ said District and directed said Engineers to make and file with the City Clerk of said City a report in writing; and ~ WHEREAS, said Engineers duly filed with.said City Clerk their report in writing including contract documents, plans and specifications, general description of works and property to be acquired, estimate of cost of improvement and of land, rights of way, easements and incidental expenses in connection with said improvement, diagram and a proposed assessment of the total amount of the costs and expenses of said pro- posed improvement upon the several subdivisions of land in said District in proportion to the estimated benefits to be received by such subdivisions, respectively, from the improvement, all in accordance with Sections 10203 and 10204 of the California Streets and Highways Code; and WHEREAS said City Council by Resolution No. 2674 entitled "Resolution Adopt- ing, Confirming and Approving Engineers' Report of Acquisitions and Improvements in Industrial Park Improvement District No. 3 and Appointing Time and Place for Hearing Protests to Proposed Acquisitions and Improvements", duly adopted on July 21, 1958, approved said Engineers' Report and fixed Tuesday, September 2, 1958, at 8:00 p.m. (Cal. D.S.T.) at the meeting room of the City Council, .City Hall, South San Francisco, Calif- ornia, as the time and place for hearing protests or objections to the proposed acquis- itions and improvements, the extent of the assessment district or to the proposed assess- ment, and provided for notice of said hearing; and WHEREAS, the City Clerk of the City of South San Francisco duly mailed notice of the adoption of said Resolution of Intention and of the filing of said report to the owner of the real property proposed to be assessed and said owner has filed with this City Council a letter dated July 23, 1958, acknowledging receipt of a certified copy of said Resolution No. 2674 and a copy of said report and waiving the right to protest or object at said hearing; and said owner by petition dated July 18, 1958, waived the publishing and posting of notice of improvement and'the mailing of notice of adoption of resolution of intention and of hearing thereon in these proceedings and it is accord- ingly unnecessary for said City Clerk to file with said City Council an affidavit set- ting forth the time and manner of the compliance with 'the~r~quirements of Chapter 4, Division 12 of the California Streets and Highways Code for publishing, posting and mailing notices of the passage of the said Resolution of Intention and of the time and place for hearing protests or objections to said proposed improvement; and said City Council hereby finds that notice of the passage of said Resolution of Intention and of the time and place for hearing protests or objections to said proposed improvement has been duly given; and WHEREAS, said hearing was duly held by said City Council at said time and place for the hearing of all objections to said proposed work and acquisitions and improvements; and WHEREAS, no written protests or objections were filed with the City Clerk at or before the time set for said hearing; and WHEREAS, the City Council immediately thereupon acquired jurisdiction to order the proposed work to be done and acquisitions and improvements to be made; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO, as follows: 1. The City Council hereby confirms the proposed assessment as filed and de- clares that said Report of said Engineers including said contract documents, plans and specifications and estimate of the cost of the acquisitions and improvements and incid- ental expenses in connection with the said acquisitions and improvements, assessment and diagram are hereby finally adopted, accepted, confirmed and approved. 2. The City Council hereby orders the work and acquisitons and improvements described in Resolution of Intention No. 2671 and in said report, contract documents and plans and specifications to be done, made and acquired. 3. The City Tax Collector of said City is hereby directed to record said diagram and assessment in a substantial book to be kept for that purpose in the office of the City Tax Collector and upon the date of such recordation said assessment shall become a lien upon the lands upon which it is levied and due and payable, all pursuant to the Municipal Improvement Act of 1913. A duplicate original of said assessment shall be recorded in the Office of the Superintendent of Streets of said City of South San Francisco in the manner and with like force and effect as.provided in the Improvement Bond Act of 1915. 4. Said Superintendent of Streets is hereby ordered and directed to give notice of recording said assessment by (a) Mailing postage prepaid to each person owning property in said Industrial Park Improvement District No. 3 at his last known address as it appears from the tax rolls of the City of South San Francisco, or on file at the office of the City Clerk, or (RESOLUTION NO. 2693 (CONTtD) to both addresses if they are not the same, or if no address appears, to the General Delivery, a statement containing a designation by street number or some other des- cription of the property assessed, sufficient to enable the owner to identify it, the amount of the assessment, the date of the recordation of the assessment, the time and place of payment of th~ assessment and the effect.of failure to pay within such time, and a statement that bonds are to be issued under the Improvement Bo~d Act of 1915 to represent unpaid assessments; and (b) Causing to be published by three successive insertions in the SOUTH SAN FRANCISCO ENTERPRISE-JOURNAL, a weekly newspaper published and circulated in said City, a notice stating that said assessment has been recorded in the office of the Superintendent of Streets and in the office of the City Tax Collector, and that all sums assessed therein are due and payable immediately, that the payment of said sums is to be made to the City Tax Collector. within 30 days after the date of record- ing the assessment (which date shall be stated in the notice), and that if any assess- ments are not paid within the 30-day Period, bonds will be issued under.the Improvement Bond Act of 1915 to represent unpaid assessments. 5. The City Tax Collector of said City is hereby designated to collect and receive the money paid pursuant to the said assessment. PASSED AND ADOPTED by the City Council of the City of South San Francisco on the 2nd day of September, 1958, by the following vote: AYES, Councilmen G. J. Rozzi, Andrew Rocca, Emilio Cortesi, Leo J. Ryan and Patrick E. Ahem NOES, None ABSENT, None APPROVED: G. J. ROZZI MAYOR OF THE CITY.OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA ATTEST: ARTHUR A. RODONDI C!TY~ C~LERK