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HomeMy WebLinkAboutReso 63-1986RESOLUTION NO. 63-86 A RESOLUTION ADOPTING REASSESSMENT REPORT, CONFIRMING AND ORDERING THE REASSESSMENT AND DIRECTING RECORDING AND FILING OF REASSESSMENT, REASSESSMENT DIAGRAM AND NOTICE OF REASSESSMENT THE GATEWAY ASSESSMENT DISTRICT NO. ST-82-2 REASSESSMENT OF SERIES 86-A BONDS RESOLVED, by the City Council of the City of South San Francisco, County of San Mateo, California, that WHEREAS, on September 25, 1985, this Council adopted Resolution No. 212-85, A Resolution of Intention to Issue Refunding Bonds and Levy Reassessments for the Security Thereof the Gateway Assessment District No. ST-82-2 (Reassessment of Series 86-A Bonds), and therein directed the Bartle Wells Associates to make and file a report in writing in accordance with and pursuant to the Refunding Act of 1984 for 1915 Improvement Act Bonds (the "Act"); -WHEREAS, said 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 said report should stand as the Report for all subsequent proceedings under and pursuant to the aforesaid resolution, and February 12, 1986, 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, were appointed as the time and place for hearing protests in relation to said proposed acquisitions and improvements, notices of which hearing were duly and regularly mailed and published; -1- WHEREAS, said hearing was duly contininued to March 12, 1986, at the hour of 7:30 o'clock p.m., and notice of such continuance was duly §iven; and WHEREAS, said hearing was duly and regularly held, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said reassessments 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 said reassessments and the confirmation of the reassessment diagram and reassessment to pay the costs and expenses thereof; NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED, as follows: 1. That the owners of one-half of the area to be reassessed for the cost of the project did not, at or prior to the time fixed for said hearing, file written protests against the said proposed reassessments, as a whole or as to any part thereof, or against the said district or the extent thereof to be assessed for the costs and expenses of said reassessment, as a whole or as to any part thereof, or against the said district or the extent thereof to be reassessed for the costs and expenses of said reassessment, as a whole or as to any part thereof, or against the estimate of costs and expenses, in whole or in part, or against the reasessment diagram or the reassessment to pay for the costs and expenses thereof, in whole or in part. 2. That the public interest, convenience and necessity require that said reassessment be made. 3. That the district benefited by said reassessment and to be reassessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof heretofore filed in the -2- office of the City Clerk, which map is made a part hereof by reference thereto. 4. wit: That said Reassessment Report as a whole and each part thereof, to (a) a schedule setting forth the unpaid principal and interest on the Series 86-A Bonds to be refunded and the total amounts thereof; (b) an estimated of the total principal amount of the reassessment and of the refunding bonds and the maximum interest thereon, together with an estimate of cost of the reassessment and of issuing the refunding bonds, including expenses incidental thereto; (c) the auditor's record showing the schedule of principal installments and interest on all unpaid original assessments and the total amounts thereof; (d) an estimate of the amount of each reassessment, identified by reassessment number corresponding to the reassessment number of the reassessment diagram, together with a proposed auditor's record for the reassessment; and (e) a reassessment diagram showing the assessment district and the boundaries and dimensions of the subdivisions of land therein; are finally approved and confirmed. 5. That final adoption and approval of said Report as a whole, estimate of the costs and expenses, the reassessment diagram and the reassessment, as contained in said report, as hereinabove determined and ordered, is intended to and shall refer and apply to said 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. -3- 6. That said reassessment be made, and that said reassessment to pay the costs and expenses thereof is hereby levied. For further particulars pursuant to the provisions of said Act, reference is hereby made to said Resolution of Intention. 7. That based on the oral and documentary evidence, including said Report, offered and received at said protest hearing, this Council expressly finds and determines (a) that each of said several subdivisions of land will be specially benefited by said reassessment at least in the amount, if not more than the amount, of the reassessment apportioned against said subdivisions of land, respectively, and (b) that there is substantial evidence to support, and the weight of said evidence preponderates in favor of, the aforesaid finding and determination as to special benefits. 8. That said Clerk shall forthwith: (a) deliver said reassessment to the Superintendent of Streets, together with said reassessment diagram, as approved and confirmed by this Council, with a certificate of such confirmation and of the date thereof, executed by said Clerk, attached thereto; and also cause copies of said reassessment and reassessment diagram, so certified, to be recorded with the Superintendent of Streets of the City of South San Francisco; and (b) cause a copy of said reassessment diagram and a notice of reassessment, executed by said 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. Said Superintendent of Streets shall record said reassessment and reassessment diagram in his office in a suitable book to be kept for that -4- purpose, and append thereto his certificate of the date of such recording, and such recordation shall be and constitute the reassessment roll herein. From the date of recording of said notice of reassessment, all persons shall be deemed to have notice of the contents of such reassessment, and each of such reassessments 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 said recordation, or in the event bonds are issued to represent said reassessments, then such liens shall continue until the expiration of four (4) years after the due date of the last installment upon said bonds or of the last installment of principal of said 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 reassessments levied herein, the right to contest the validity of any refunding bonds issued under the Refunding Act in any action or suit or proceedings within 30 days of the adoption of any resolution by the City providing for the issuance of said bonds, shall not apply in these proceedings. -5- I hereby certify that the foregoing resolution was regulary introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 12th day of March , 1986, by the following vote: AYES: Councilmembers Mark N. Addiego, John "Jack" Drago, Richard A. Haffey, Gus Nicolopulos and Roberta Cerri Teglia NOES: None ABSENT: None -6-