HomeMy WebLinkAboutReso 56-1989RESOLUTION NO. 56-89
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION ADOPTING ENGINEER'S REPORT, CONFIRMING THE
ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS AND DIRECTING
ACTIONS WITH RESPECT THERETO TO THE EL CAMINO PLAZA ASSESSMENT
DISTRICT
W~EREAS, on December 14, 1988, this Council adopted
Resolution No. 145-88, A Resolution of Intention to Make
Acquisitions and Improvements, and by it directed the Engineer of
Work to make and file a report in writing under the Municipal
Improvement Act of 1913;
W~EREAS, the report was made and filed, and considered by
this Council and found to be sufficient in every particular, and
it was determined that the report should stand as the Engineer's
Report for all subsequent proceedings under the Resolution of
Intention, and Wednesday, April 12, 1989, at the hour of 7:30
o'clock p.m., in the regular meeting place of this Council in the
City of 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 duly and regularly
posted, mailed and published; and
WHEREAS, the hearing was duly and regularly held, and all
persons interested desiring to be heard were given an opportunity
to be heard, and all matters 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 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, in 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 this reference.
4. The Engineer's Report as a whole and each part thereof,
are hereby approved and confirmed to wit:
(a) the plans and specifications for the proposed
improvements;
(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 assessment district; and
(e) the assessment of the total amount of the costs and
expenses of the proposed acquisitions and improvements as
reduced by action of this City Council, upon the several
subdivisions of land in the assessment 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. The 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 to and shall refer and apply to the
Engineer'is 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
assessment to pay the costs and expenses thereof is hereby
levied. Under and pursuant to the provisions of the Municipal
Improvement Act of 1913, reference is hereby made to the
Resolution of Intention for further particulars.
7. Based on the oral and documentary evidence, including the
Engineer'is Report, offered and received at the public hearing,
this Council expressly finds and determines that: (a) 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 the finding and determination as
to special benefits.
8. The City Clerk shall forthwith:
(a) deliver the assessment to the acting Director of
Public Works as the Superintendent of Streets of the City of
South San Francisco (the "Superintendent of Streets"),
together with the assessment diagram, as approved and
confirmed by this Council, with a certificate of such
confirmation and of the date of this resolution, executed by
the Clerk, attached thereto and 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 thereto 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, in substantially the form provided in Section
3114 of the Streets and Highways Code, executed by the
Clerk, to be filed and recorded, respectively, in the office
of the County Recorder of the County of San Mateo.
9. From the date of recording of the notice of assessment,
all persons shall be deemed to have notice of the contents of the
assessments, and each of the 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.
10. The appropriate officer or officers of the City of South
San Francisco are hereby authorized to pay any and all fees
required by law in connection with the above.
11. The Finance Director of the City of South San Francisco
is appointed Collection Officer for the assessments and the
person to whom payment of the assessments shall be made, and that
the office of the Finance Director, at City Hall, 400 Grand
Avenue, South San Francisco, California, 94080, is designated as
the place at which the payments will be made, and the
Superintendent of Streets is hereby relieved of all
responsibility in connection with collecting assessments. The
Collection Officer, upon the recording of the assessment and
diagram, shall cause a Notice to Pay Assessments to be mailed and
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published. The notice shall state that the assessment has been
recorded as provided in Section 10402 of the Streets and Highways
Code, and the date thereof, that all sums assessed therein are
due and payable immediately and payment thereof is to be made to
the Collection Officer at her office within 30 days after the
date of recording the assessment, and the effect of failure to
pay within such time, including the fact that bonds will be
issued pursuant to the Improvement 1915 to represent and upon the
security of the assessments which are not paid within the 30-day
period; and, in addition, the notice to be mailed shall contain a
designation by street number or other description of the property
assessed sufficient to identity the property and the amount of
the assessment thereon.
The mailed notice shall be mailed to each owner of real
property within the assessment district at such owner's last
known address as the same appears on the tax rolls of the County
of San Mateo, or on file in the office of or as known to the City
Clerk, or to both addresses if the address is not the same, or to
the general delivery when no address so appears; and the
published notice shall be published once a week for two
successive weeks (with at least five days intervening between the
respective publication dates, not counting such dates) in the
Enterprise Journal, a newspaper published and circulated in the
City of South San Francisco.
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 requ]ar meeting held on the
12th day of Aori] 1989, by the following vote:
AYES:
Councilmembers Mark N. Addiego, Jack Drago, Richard A. Haffey,
Gus Nicolopulos, and Mayor Roberta Cerri Teqlia
NOES: None
ABSTAIN: None
ABSENT: None
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