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HomeMy WebLinkAboutReso 87-1991RESOLUTION NO. 87-91 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENT FOR THE CITY OF SOUTH SAN FRANCISCO LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT - POINTE GRAND BUSINESS PARK WHEREAS, by its Resolution No. 59-91, A Resolution Directing Preparation of Annual Report for Maintenance Assessment District, City of South San Francisco Landscape and Lighting Maintenance Assessment District, (the "District'), this Council designated Arthur Wong, as Engineer of Work and ordered said City Engineer to make and file a report in writing in accordance with and ~ursuant to the Landscaping and Lighting Act of 1972; WHEREAS, the report was duly made and filed with the City Clerk 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 fo- all subsequent proceedings under and pursuant to the aforesaid resolution, and that July 10, 1991, at 7:30 p.m., in the regular meeting place of this City Council, Municipal Services Building, 33 Arroyo Drive, South San Francisco, California, were appointed as the time and place for a hearing by this Council on the question of the levy of the proposed assessment, notice of which hea~ing.was duly and regularly published; and WHEREAS, at the appointed time and place the hearing was duly and regularly held, and all persons interested desiring to be heard were given an opportunicy to be heard, and all matters and things pertaining to the 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 levy and the confirmation of the diagram and assessment prepared by and made a part of the Engineer's Report to pay the costs and expenses thereof; 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 District had not, at the conclusion of the hearing, ~iled written protests against the proposed levy, as a whole or as to any part ~hereof, or against the District or the extent thereof to be assessed for the costs and expenses of the levy as a whole, or as to any part thereof, or againsc the City Engineer's estimate of costs and expenses, in whole or in part, or against the maps and description, in whole or in part, or against the diagram o~ the assessment to pay for the costs and expenses thereof, in whole or in parc. 2. The public interest, convenience and necessity require that the levy be made. 3. The District benefited by the 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 pa~t hereof by reference thereto. 4. The Engineer's Report as a whole and .each of the component parts set forth hereafter in subparagraphs (a) through (c) inclusive are finally apprQved and confirmed~ (a) the City Engineer's estimate of the itemized and total costs and expenses ~f maintaining the improvements and of the incidental expenses in connectio~ therewith; (b) the diagram showing the assessment district, plans and specifications for the improvements to be maintained and the boundaries and dimension5 of the respective lots and parcels of land within the District; and (c) the assessment of the total amount of the cost and expenses of the proposed maintenance of the improvements upon the several lots and parcels of land i~ the District in proportion to the estimated benefits to be received by such lots and parcels, respectively, from the maintenance, 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, estimate of the costs and expenses, the diagram a~d the assessment, as contained in the report, as hereinabove determined and ordered, is intended to and shall refer and apply to the report, o- any portion thereof as amended, modified, or 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 assessment to pay the costs and expenses of the maintenance of the improvements is hereby levied. For further particulars pursuant to the provisions of the Landscaping and Lighting Act of 1972, reference is hereby made to t~e Resolution Directing Preparation of Annual Report. 7. Based on the oral and documentary evidence, including the Engineer's Report, o~fered 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 maintenance of the improvements at least in the amount, if not more than the amount, of the assessment apportioned against the lots and ~arcels 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 lo special benefits. 8. Immediately upon the adoption of this resolution, but in no event later tha~ the third Monday in August following such 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 of San Mateo. Upon such filing, t~e County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount of assessment thereupon as shown in the assessment. The assessments shall be collected at the same time and in the 2 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 deduction of any compensation due the County for collection, shall be paid to the Treasurer of this City. 9. Upon receipt of moneys representing assessments collected by the County, the Treasurer of this City shall deposit the moneys in the City Treasury to the credit of an improvement fund, which improvement fund the Treasurer of this City is hereby directed to establish under the distinctive designation of the District. Moneys in the improvement fund shall be expendea only for the maintenance 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 meeting held on the lOth day of July , 1991, by the following vote: AYES: City Councilmembers Richard A. Haffey, John R. Penna, Roberta Cerri Teglia, and Mayor Jack Drago NOES: None ABSTAIN: None ABSENT: City Councilmember Gus Nicolopulos