HomeMy WebLinkAboutReso 122-1990RESOLUTION NO. 122-90
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION ADOPTING ENGINEER'S REPORT, CONFIRMING THE
ASSESSMENT, ORDERING THE WORK AND ACQUISITIONS
AND DIRECTING ACTIONS WITH RESPECT TO
THE POINTE GRAND BUSINESS PARK ASSESSMENT DISTRICT
WHEREAS, on June 27, 1990, this Council adopted Resolution
No. 82-90, A Resolution of Intention to Make Acquisitions and
Improvements for the Pointe Grand Business Park Assessment
District, and in it directed the Engineer of Work to make and file
a report in writing in accordance with and pursuant to the
Municipal Improvement Act of 1913;
WHEREAS, the report was made and filed, and 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
pursuant to the Resolution of Intention, and Wednesday, August 8,
1990, 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, were appointed as the time and place
for hearing protests in relation to the proposed acquisitions and
improvements, notices of which hearing were posted, mailed and
published; and
WHEREAS, the hearing was held, and all persons interested
desiring to be heard were given an opportunity to be heard, and
all matters and things pertaining to the acquisitions and
improvements were fully heard and considered by this Council, and
all protests, both written and oral, were duly heard, considered
and overruled, and this Council thereby acquired jurisdiction to
order the acquisitions and improvements and the confirmation of
the diagram and assessment to pay the costs and expenses thereof;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of South San Francisco as follows:
1. 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 the
hearing, file written protests against the the proposed
acquisitions and improvements or the grades at which the work is
proposed to be done, as a whole or as to any part thereof, or
against the district or the extent thereof to be assessed for the
costs and expenses of the acquisitions and improvements, 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, 5n whole or in part.
2. The public interest, convenience and necessity require
that the acquisitions and improvements be made.
3. The district benefited by the acquisitions and
improvements and to be assessed to pay the costs and expenses
thereof, and the exterior boundaries thereof, are as shown by a
map thereof filed in the office of the City Clerk, which map is
made a part hereof by reference thereto.
4. The Engineer's Report as a whole and each part thereof,
are hereby approved and confirmed to wit:
(a) the plans and
improvements;
specifications
for the proposed
(b) the maps and descriptions of the lands and easements to
be acquired, if any;
(c) the engineer's estimate of the itemized and total costs
and expenses of the acquisitions and improvements, and of the
incidental expenses in connection therewith;
(d) the diagram showing the assessment district and the
boundaries and dimensions of the respective subdivisions of land
within the district; and
(e) the assessment of the total amount of the costs and
expenses of the proposed acquisitions and improvements upon the
several subdivisions of land in the district in proportion to the
estimated benefits to be received by the subdivisions,
respectively, from the acquisitions and improvements, and of the
expenses incidental thereto.
5. Final adoption and approval of the Engineer's Report as a
whole, and of the plans and specifications, maps and descriptions
of the lands and easements to be acquired, estimate of the costs
and expenses, the diagram and the assessment, as contained in the
Engineer's Report, as hereinabove determined and ordered, is
intended ~o and shall refer and apply to the Engineer's Report, or
any portion thereof, as amended, modified, revised or corrected
by, or pursuant to and in accordance with, any resolution or
order, if any, heretofore duly adopted or made by this Council.
6. The acquisitions and improvements be made, and that the
assessmen5 to pay the costs and expenses thereof is hereby levied.
For further particulars pursuant to the provisions of the
Municipal Improvement Act of 1913, reference is hereby made to the
Resolution of Intention.
7. Based on the oral and documentary evidence, including the
Engineer's Report, offered and received at the protest hearing,
this Council expressly finds and determines (a) that each of the
several subdivisions of land will be specially benefited by the
acquisitions and improvements at least in the amount, if not more
than the amount, of the assessment apportioned against the
subdivisions of land, respectively, and (b) that there is
substantial evidence to support, and the weight of the evidence
preponderates in favor of, the aforesaid finding and determination
as to special benefits.
8. The City Clerk shall forthwith:
(a) deliver the assessment to the Superintendent of Streets,
together with the diagram, as approved and confirmed by this
Council, with a certificate of such confirmation and of the date
thereof, executed by the City Clerk, attached thereto. The
Superintendent of Streets shall record the assessment and diagram
in his office in a suitable book to be kept for that purpose, and
append t?Lereto his certificate of the date of such recording, and
such recordation shall be and constitute the assessment roll
herein.
(b) cause a copy of the assessment diagram and a notice of
assessment, executed by the City Clerk, to be filed and recorded,
respectively, in the office of the County Recorder of the County
of San Mateo, such notice to be in substantially the form provided
in Section 3114 of the Streets and Highways Code.
From the date of recording of the notice of assessment, all
persons shall be deemed to have notice of the contents of such
assessment, and each of such assessments shall thereupon be a lien
upon the property against which it is made, and unless sooner
discharged such liens shall so continue for the period of ten (10)
years from the date of the recordation, or in the event bonds are
issued to represent the assessments, then such liens shall
continue until the expiration of four (4) years after the due date
of the last installment upon the bonds or of the last installment
of principal of the bonds.
The appropriate officer or officers are hereby authorized to
pay any and all fees required by law in connection with the above.
9. To expedite the completion~ of these proceedings, and
pursuant to written waivers heretofore executed by all of the
owners of the properties to be subjected to the assessments levied
herein, which waivers are now filed with the City, the following
shall not apply to these proceedings:
(a) the requirement that the notice to pay assessments shall
be published or mailed;
(b) the right to have thirty (30) days or any other period
within which to pay assessments in cash, it being the intention of
the owner(s) not to pay same in cash and to have bonds issued
therefor;
(c) the requirement that the bonds be dated after the
expiration of the cash payment period;
Accordingly, in these proceedings, there shall be no cash
collection period, no collection officer and no published or
written notices of such rights of cash payment.
I hereby certify that the foregoing Resolution was regularly
introduced and adopted by the City Council of the City of South
San FrancSsco at a requ]ar meeting held on the 8th day
of August
AYES:
NOES:
ABSTAIN:
, 1990, by the following vote:
£mJnr. ilmPmhPr~ .lark F)rago, AU~ Nirolopulos, Roherta
£Prri T~glia, and Mayor Bichar~ A. H~ffey
NnnP
Nnnm
ABSENT:
£mJnrilman .lohn R. Penna
City Clerk