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HomeMy WebLinkAboutReso 78-1992 RESOLUTION NO. 78-92 CITY CC.UNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, ORDERING IMPROVEMENTS AND FORMATION OF A MAINTENANCE ASSESSMENT DISTRICT, AND LEVYING FIRST ANNUAL ASSESSMENT FOR THE CITY OF SOUTH SAN FRANCISCO WILLOW GARDENS PARKS AND PARKWAYS MAINTENANCE DISTRICT BE IT RESOLVED by the City Council of the City of South San Francisco that: WHEREAS, by its Resolution No. 57-92 , A Resolution Directing Preparation of Report and Proposing Formation of the City of South San Francisco Willow Gardens Parks and Parkways Maintenance District, this Council designated the City Engineer as Engineer for these proceedings and ordered the Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of California Streets and Highways Code; and WHEREAS, the 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 the report should stand as the Engineer's Report for all subsequent proceedings under and pursaant to that Resolution, and that on July 8, 1992 at the hour of 7:30 o'clock p.m. in the regular meeting place of this Council, Municipal Services Building, 33 Arroyo Drive, South San Francisco, California was appointed as the time and place for a hearing by this Council on the question of the formation of the proposed maintenance assessment district and levy of the proposed assessment, notice of which hearing was given as required by law; and WHEREAS, at the appointed time and place the hearing was duly and regularly held, and all interested persons were afforded an opportunity to hear and be heard, and all matters and things pertaining to the formation and levy were fully heard and considered by this Council, and all oral statements and all written protests or communications were duly heard, considered and overruled, and this Council thereby acquired jurisdiction to order the for~.ation and levy and the confirmation of the diagram and assessment prepared by and made a part of the report of the Engineer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that: 1) The property owners owning more than fifty percent (50%) of the area of assessable lands within the proposed maintenance assessment district had not, at the conclusion of the hearing, filed written protests against the proposed formation and levy, as a whole or as to any part thereof, or against the said proposed district or the extent thereof to be assessed for the costs and expenses of said formation and levy 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) The public interest, convenience and necessity require that the proposed formation and levy be made. 3) The maintenance assessment district benefited by the proposed improvements and to be assessed to pay its costs and expenses and its exterior boundaries are as shown by a map filed in the office of the City Clerk, which map is by this reference made a part of this Resolution. 4) that is: The Engineer's Report as a whole and each of its part (a) the Engineer's estimate of the itemized and total costs and expenses of the improvements and of the incidental expenses in connection with them, and his estimate of the principal amount of bonds to be issued; and (b) the diagram showing the maintenance assessment district, plans and specifications for the improvements to be maintained and the boundaries and dimensions of the respective lots and parcels of land within the district; and (c) the assessment of the total amount of the cost and expenses, including incidental expenses, of the proposed improvements upon the several lots and parcels of land in the district in proportion to the estimated benefits to be received by the lots and parcels, respectively, from those improvements are finally approved and confirmed. 5) Final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, estimate of the costs and expenses, the diagram and the assessment, as contained in the Report, as determined and ordered in this Resolution, is intended to and shall refer and apply to the Report, or any portion of it, as amended and modified, or revised or corrected by, or pursuant to and in accordance with, any resolution or order, if any, previously duly adopted or made by this Council. 6) The maintenance assessment district be formed, and that the assessment to pay the costs and expenses of the improvements is hereby levied. 7) Based on the oral and documentary evidence, including the Engineer's Report, offered and received at the hearing, this Council expressly finds and determines (a) that each of the several lots and parcels of land will be specially benefited by the improvements at least in the amount if not more than the amount, of the assessment apportioned against those lots and parcels of land, respectively, and (b) that there is substantial evidence to support, and the weight of the evidence preponderates in favor of, this finding and determination as to special benefitS. 8) Immediately upon the adoption of this Resolution, but in no event later than the third Monday in August following adoption, the City Clerk shall file a certified copy of the diagram and assessment and a certified copy of this Resolution with the Auditor of the County. Upon this filing, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount of assessment upon it as shown in the assessment. The assessments shall be collected at the same time and in the same manner as County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. After collection by the County, the net amount of the assessments, after deduction of any compensation due the County for collection, shall be paid to the Director of Finance of the City. 9) Upon receipt of monies representing assessments collected by the County, the Director of Finance shall deposit the monies in the City Treasury to the credit of an improvement fund, which improvement fund the Director of Finance is hereby directed to establish under the distinctive designation of "City of South San Francisco Willow Gardens Parks and Parkways Maintenance District." Monies in the improvement fund shall be expended only for the maintenance, servicing, construction, or installation of the improvements. 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 re§u]ar meeting held on the 8th day of , 1992 by the following vote: AYES: Councilmembers Jack Drago, Joseph A. Fernekes, Roberta Cerri Teglia, Robert Yee, and Mayor John R. Penna NOES: None ABSTAIN: None ABSENT: N0ne City Clerk