Loading...
HomeMy WebLinkAboutReso 2982-19604O RESOLUTION NO. 2982 A RESOLUTION AUTHORIZING AND DIRECTING CORRECTION OF ASSESSMENT AND AUDITOR'S RECORD~AND AUTHORIZING REFUND - INDUSTRIAL PARK UNIT NO. 2-C, ZONE 1~ RESOLVED, by the City Council of the City of South San Francisco, California, that~ WHEREAS, through inadvertence certain discrepancies exist between the assess- ment as originally prepared and the final assessment which was the basis of the prepar- ation of the Auditor's Record for the collection of assessments which were unpaid; WHEREAS, pursuant to a written request bY the ~roperty'owner, Utah Construc- tion and Mining Co., for per~ission to prepay Assessments Nos. 4 and 5 and the east.one- half of Lot 22, being portion of Assessment No. 3, this Council did on the 3rd day of August, 1959, adopt its Resolution No. 2849, A Resolution Fixing Amount to be Paid for Release of Lots 20, 21 and the East Half of 22, Block 10, Industrial Park Unit No. 2-C From Assessment and Providing for Calling Bonds, wherein authorization for prepayment was granted which was to clear Assessments Nos. 4 and 5 and the East one-half of Assessment No. 3 from the lien of the assessment bonds upon payment of the sum of $58,171.91, as indicated in said resolution; WHEREAS, payment of said sma has been made by the property owner to the City Treasurer, which should authorize the clearing of the assessment against the properties so prepaid on the Auditor's Record, so as to eliminate the principal and interest in- stallments for said parcels from the Auditor's Record; WHEREAS, said prepayment of the assessment was not shown on the Auditor's Record which resulted in the payment of installments erroneously shown to be due on said parcels in the su~ of $5,193.26 on the lands which had been prepaid, which payment should be refunded to the property owner; WHEREAS, however, said Resolution No. 2849 authorized the prepayment of the assessment on the East one-half of Lot 22, on the basis of the assessment thereon being $10,198.56 and subsequent to the adoption of said Resolution, a revised assessment, dated November 4, 1959, was prepared and filed, 'wherein the assessment against said east one-half of Lot 22 was designated Assessment No. 4 and was in the sum of $10,950.36 in- stead of said sum of $10,198.56; WHEREAS, the remaining one-half of said Lot 22, being designated Assessment No. 3 in said revised assessment was assessed in the sum of $9,988.00 instead of $10,739.80, which means that the Auditor's Record, prepared on the basis of said revised assessment, is short the sum of $751.80 plus interest thereon for Assessment No. 3 as revised; WHEREAS, the property owner, Utah Construction and Mining Co., has indicated its approval in writing to the adjustments herein provided; and WHEREAS, the public interest and convenience require that adjustments be made to correct the assessment, the Auditor's Record and to charge certain sums due in accord- ance with such adjustment and to credit to t~e property owner the balance of sums paid on assessments w~ich had previously been prepaid and'bonds called; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED, as follows: 1, That Assessment No. 3 shall be inCreased from $9,988.00 to $10,739.80 and Assessment No..4 shall be reduced from $10,950.36 to $10,198.56. 2. That the Auditor's Record be marked on its face to indicate that Assess- ments No. 4, 5 and 6 have been prepaid and that no sums attributable to said assessments remain unpaid and that the sum of $5,193.26 which was charged and paid into the redemption fund for the bonds, on the property designated assessments No. 4, 5 and 6, should be re- paid to the property owner, as said assessments had previously been' prepaid in accordance with said' Resolution No. 2849. 3. That the Auditor's Record relating to Assessment No. 3 i'ndicate the adjust- ment of said assessment to increase said assessment in the amount of $751.80 and the in- crease in the amount of principal and interest due on said assessment in the sma of $1,140.90 and that the additional sums due on Assessment No. 3 be posted as being due in the' fiscal year 1950-60, which will leave all of the balance of tl~. installments on said assessment as originally indicated on the Auditor's Record on file'~in the office of the County Controller of San Mateo County. ation of the Auditor's Record for the collection of assessments which were unpaid; WHEREAS, pursuant to a written request bY the property'owner, Utah Construc- tion and Mining Co., for permission to prepay Assessments Nos. 4 and 5 and the east.one- half of Lot 22, being portion of Assessment No. 3, this Council did on the 3rd day of August, 1959, adopt its Resolution No. 2849, A Resolution Fixing Amount to be Paid for Release of Lots 20, 21 and the East Half of 23, Block 10, Industrial Park Unit No. From Assessment and Providing for Calling Bonds, wherein authorization for prepayment was granted which was to clear Assessments Nos. 4 and 5 and the East one-half of Assessment No. 3 from the lien of the assessment bonds upon payment of the sum of $58,171.91, as indicated in said resolution; WHEREAS, payment of said sum has been made by the property owner to the City Treasurer, which should authorize the clearing of the assessment against the properties so prepaid on the Auditor's Record, so as to eliminate the principal and interest in- stallments for said parcels from the Auditor's Record; WHEREAS, said prepayment of the assessment was not shown on the Auditor*s Record which resulted in the payment of installments erroneously shown to be due on said parcels in the sum of $5,193.26 on the lands which had been prepaid, which payment should be refunded to the property owner; WHEREAS, however, said Resolution No. 2849 authorized the prepayment of the assessment on the East one-half of Lot 22, on the basis of the assessment thereon being $10,198.56 and subsequent to the adoption of said Resolution, a revised assessment, dated November 4, 1959, was prepared and filed, 'wherein the assessment against said east one-half of Lot 22 was designated Assessment No. 4 and was in the sum of $10,950.36 stead of said sum of $10,198.56; WHEREAS, the remaining one-half of said Lot 22, being designated Assessment No. 3 in said revised assessment was assessed in the sum of $9,988.00 imstead of $10,739.80, which means that the Auditor's Record, prepared on the basis of said revised assessment, is short the sum of $751.80 plus interest thereon for Assessment No. 3 as revised; WHEREAS, the property owner, Utah Construction and Mining Co., has Andicated its approval in writing to the adjustments herein provided; and WHEREAS, the public interest and convenience require that adjustments be made to correct the assessment, the Auditor's Record and to charge certain sums due in accord- ance with such adjustment and to credit to the property owner the balance of sums paid on assessments which had previossly been prepaid and*bonds called; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED, as follows: 1, That Assessment No. 3 8hall be increased from $9,988.00 t° $10,739.80 and Assessment No. 4 shall be reduced from $10,950.36 to $10,198.56. 2. That the Auditor's Record be marked on its face to indicate that Assess- ments No. 4, 5 and 6 have been prepaid and that no sums attributable to said assessments remain unpaid and that the sum of $5,193.26 which was charged and paid into the redemption fund for the bonds, on the property designated assessments No. 4, 5 and 6, should be re- paid to the property owner, as said assessments had previously been prepaid in accordance with said Resolution No. 2849. 3. That the Auditor's Record relating to Assessment No. 3 indicate the adjust- ment of said assessment to increase said assessment in the amount of $751.80 and the in- crease in the amount of principal and interest due on said assessment in the sum of $1,140.90 and that the additional sums due on Assessment No. 3 be posted as being due in the' fiscal year 1950-60, which will leave all of the balance of the installments on said assessment as originally indicated on the Auditor's Record on file in the office of the County Controller of San Mates County. 4. That the correction of the assessments be made by the Engineer of Work either on the face of said assessment or by filing an amendment thereto. 5. That the changes in the Auditor's Record be made to indicate prepayment and the additional amount due in the fiscal year 1959-60 be made on the face of Said Auditor's Record or by filing an amendment thereto. 6. The 'appropriate City officials are au~horized and instructed to cause said changes to be made, and that following the correction of the assessment and Auditor's Record, the City Treasurer is authorized and instructed to refund the sum of $5,193.26 to Utah Construction and Mining Co., less the sum of $1,140.90 w~ich, in accordance with the written consent of the property owner, shall remain in the redemption fund and made attributable to Assessment No. 3. The property owner shall, therefore, be entitled to a cash credit in the sum of $4,052.36. 7.A certified copy of this Resolution shall be transmitted to the County Controller of San Mates County as an indication of the authoriza~ on herein granted for the correction and revision of the Auditor's Record. * * * I hereby certify that the foregoing rqsolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meet- ing held this 21st day of March, 1960, by the following vote: AYES, Councilmen Andrew Rocca, G. J. Rozzi, Emilio Cortesi, Leo J. Ryan and NOES, None Patrlck E. Ahern ABSENT, None ATTEST: ARTHUR A. RODONDI CITY CLERK