HomeMy WebLinkAboutReso 3200-1961 REsOLuTION NO. ~
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT
CONFIRMING THE ASSESSMENT AND ORDERING THE WORK
AND ACQUISITIONS
LITTLEFIELD AVENUE AND KIMBALL WAY
RESOLVED, by the City Council of the City of South San Francisco,
California, that
WHEREAS, on the 6th day' of February, 1961, said CounCil adopted
its Resolution of Intention No. 3133 to acquire and construct public
improvement in said City, and referred the proposed acquisitions and
improvements to the Engineer of Work of said City, he being the offi-
cer having charge and control of the acquisition and construCtion of
improvements in and for said City of the kind described in said Res-
olution and being a competent person appointed by said Council for
that purpose;
WHEREAS, said Council thereby directed said Engineer of Work
to make and file with the City Clerk of said City a report in writ-
ing in accordance with and pursuant to the Municipal Improvement
Act of 1913;
WHEREAS, said report was duly made and filed with the City
Clerk of said City, whereupon said Clerk presented it to the Council
for consideration;
WHEREAS, said 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 provisions of said Act, in-
cluding (1) maps and descriptions of acquisitions to be made, (2)
plans and specifications of the proposed improvement, (3) estimate
of costs, (4) diagram of district, and (5) an assessment according
to benefits, all of which was done in the form and manner required
by said Act~
WHEREAS, said 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 Council, pursuant to the require-
ments of said Act, appointed Monday, the 5th day of June, 1961,
at the hour of 8:00 o'clock P. M. of said day in the Council~Cham-
bets, City Hall, South San Francisco, Califon~ia, as the time and
place for hearing protests in relation to said proposed acquisi-
tions and improvements, and directing the City Clerk of said City
to give notice of said hearing as required by said Act;
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
232
RESOLUTION NO. 3200 (continued):
......... ~EA-~-~ ~, persons interested, objecting to said ac-
quisitions and improvements, or to the extent of the assessment
district, or to the proposed assessment or diagram, or to the maps
and descriptions, or to the grades at which said work will be done,
or to the Engineer's estimate of the costs and expenses thereof,
filed written protests with the City Clerk of said City at or be-
fore the time set for hearing, 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 said Council,
, and said Council has 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, said Council does hereby FIND, DETERMINE and
ORDER, 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 pro-
posed acquisitions and improvements as a whole, 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 the Engineer's estimate of said costs and expenses, or against
the maps and descriptions, or against the diagram or assessment to
pay for the costs and expenses thereof.
2. That the district benefited by said acquisitions and im-
provements and to be assessed to pay the costs and expenses there-
of, and the exterior boundaries thereof are more particularly des-
cribed in said Resolution of Intention and made a parb..hereof by
reference thereto. That all public streets and highways within
and descripti0ns~ or to the grades at Which said work will be-done,
or to the Engineer's estimate of the costs and expenses thereof,
filed written protests with the City Clerk of said City at or be-
fore the time set for hearing, 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 said Council,
, and said Council has 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, said Council does hereby FIND, DETERMINE and
ORDER, 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 pro-
posed acquisitions and improvements as a whole, 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 the Engineer's estimate of said costs and expenses, or against
the maps and descriptions, or against the diagram or assessment to
pay for the costs and expenses thereof.
2. That the district benefited by said acquisitions and im-
provements and to be assessed to pay the costs and expenses there-
of, and the exterior boundaries thereof are more particularly des-
cribed in said Resolution of Intention and made a part hereof by
reference thereto. That all public streets and highways within
said assessment district 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 acquisitions and
improvements.
3. That the plans and specifications for the proposed improve-
ments, 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.
4. That 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, contained in said re-
port, be, and it is hereby, finally adopted and approved as the
Engineer's total and detailed estimate of the costs and expenses
of said acquisitions and improvements.
5. That the maps and descriptions of the acquisitions to be
made, as contained in said report, be, and the same are hereby,
finally approved and confirmed.
RESOLUTION NO. 3200 (continued):
6. That the public interest and convenience require, and
said Council does.hereby order the acquisitons and 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'descrip4
tion of said acquisitions and improvements, and also for further
particulars pursuant to the provisions of said Municipal Improve-
ment Act of 1913.
7. That the diagram showing the assessment district referred
to and described in said Resolution of Intention, and also the boun-
daries 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 nunber upon said diagram, as contained in said re-
port, be, and it is hereby, finally approved and confirmed as the
diagram of the properties to be assessed to pay the costs and ex-
penses of said acquisitions and improvements.
8. That 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 diStriOt in proportion to the
estimated benefits to be received by said subdivisions, respectively,
from said acquisitions and improvements, and of the expenses in-
cidental thereto, contained in said report, be, and the same is
hereby, finally approved and confirmed as the assessment to oa~ the
6. That the public interest and convenience require, and
said Council does.hereby order the acquisitons and 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 descrip~
tion of said acquisitions and improvements, and also for further
particulars pursuant to the provisions of said Municipal Improve-
ment Act of 191~.
?. That the diagram showing the assessment district referred
to and described in said Resolution of Intention, and also the boun-
daries 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 nunber upon said diagram, as contained in said re-
port, be, and it is hereby, finally approved and confirmed as the
diagram of the properties to be assessed to pay the costs and ex-
penses of said acquisitions and improvements.
8. That 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 in-
cidental 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 acquisitions and improvements.
9. That said Engineer's 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,hereof, as confirmed by
this Council, with his certificate of such confirmation thereto
attached and of the date thereof; and that said Council shall
forthwith record said diagram and assessment 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.
RESOLUTION NO. 3200 (continued):
ll. That said Superintendent of stree'ts~ Upon the recording
of said diagram and assessment, shall mail 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 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 the 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 owner to identify the same, the amount of the assessment, the
time aud place of payment thereof, the effect of failure to pay
within such time, and a statement of the fs~ct that bonds will be
issued on the unpaid assessments pursuant to the Improvement Bond
Act of 1915, the last installment of which bonds shall mature not
to exceed fourteen (l~) years from the second day of July next
succeeding ten (10) months from their date.
12. That said Council shall also give notice by publishing a
copy of a Notice to Pay Assessments by three (3) successive in-
sertions in the "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 thirty (30) 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 Shat the foregoing' resolution was
regularly introduced and adopted by the City Council of the
City of South San Francisco at a ~
meeting held this ~t~ day of ~aae , 1961,
by the following vote:
AYES, COUNCILMEN
NOES, "
ABSENT, "
ROMa, amd Leo ~Y,
CITY CLERK