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HomeMy WebLinkAboutReso 5227-1970 RES OLUTI 9N NO. 5227 A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS TANFORAN AVENUE-SHAW ROAD STORM DRAINAGE PROJECT ASSESS.~ENT DISTRICT RESOLVED, by the City Council of the City of South San Francisco, California, that in its opinion the public interest and convenience require and that it is the intention of said Council to order the following acquisitions and improvements, to wit: 1. a) The construction of R.C.P. storm drainage pipes, manholes, and all appurtenant structures and facilities from an existing transition structure in the southwesterly extension of Tanforan Avenue westerly of the Southern Pacific Railroad right of way northeasterly across and under said right of way to and along Tanforan Avenue to San Mateo Avenue, thence easterly in Shaw Road about 850 feet, thence northeasterly in easements to be acquired herein to a navigable slough; b) The acquisitio.~ of all easements and the construc- tion of all improvements auxiliary to any of the above and necessary to complete the same° 2. It is intended by the City Council of said City to enter into an agreement with the City of San Bruno, which agree- ment will provide for the o'~nership by the City of South San Francisco of storm drainage facilities above described in said City to be installed by said City of San Bruno, and for the providing of service to the properties in said area by said City of South San Francisco in accordance with its rules and regulations, and that said ~greement shall become effective af- ter proceedings have been taken for the levy of assessments and sale of bonds and funds are available to carry out its terms° 3. Whenever any public way is herein referred to as running between two public ~ays, or from or to any public way, the intersections of the public ways referred to are included to the extent that work shall be shown on the plans to be done therein. 4. Said streets and highways are more particularly shown in the records in the offic~ of the County Recorder of San Nateo County, California, and shall be shown upon the plans herein referred to and to b~ filed with the City Clerk of said City. 5. All of said work and improvements are to be con- structed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines~ grades and elevations as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. 6. There is to be excepted from the work herein de- scribed any of such work already done to line and grade and marked excepted or shown no~ to be done on said plans, profiles and specifications. 7. The descriptions of the acquisitions and imprOvements and the termini of the work contained in this resolution are general in nature. All itens of work do not necessarily extend for the full length of the ~escription thereof. The plans and profiles of the work and maps and descriptions as contained in the Engineer's Report, shall be controlling as to the correct and detailed description thereof. 8. Said contemplated acquisitiOns and improvements, in the opinion of said Council~ are of more than local or ordinary public benefit, and the costs and expenses thereof are made chargeable upon an assessmerpt district, the exterior boundaries of which district are the composite and consolidated area as more particularly shown on a map thereof on file in the office of the City Clerk identified as "preliminary Assessment Area, Tanforan Avenue-Shaw Road Drainage, Storm Drainage Project - Area Nap" to which reference is hereby made for further -2- particulars. Said map indicates by a boundary line the extent of the territory included in the proposed district and shall govern for all details as to the extent of the assessment dis- trict. 9. Said Council further declares that all public streets and highways within said assessment district in use in the per- formance of a public function as such shall be omitted from the assessment hereafter to be nade to cover the costs and expenses of said acquisitions and improvements. 10. Notice is hereby given that serial bonds to represent the unpaid assessments, and bearing interest at the rate of not to exceed seven percent (7%1 per annum, will be issued hereun- der in the manner provided Ln the Improvement Bond Act of 1915, Division l0 of the Streets and Highways Code, the last install- ment of which bonds shall mature not to exceed nine (9) years f/rom the second day of July next succeeding ten (10) months from their date. The provisions of Part ll.1 of said act, pro- viding an alternative procedure for the advance payment of assessments and the calling of bonds, shall apply. ll. Except as herein ctherwise provided for the issuance of bonds, all of said improvements shall be done pursuant to the provisions of the Municipal Improvement Act of 191Bo 12. Reference is hereby made to proceedings had pursuant to Division 4 of the Streets and Highways Code on file in the office of the City Clerk. lB. Said proposed acquisitions and improvements are hereby referred to the Director of Public Works, being a competent per- son employed by said City for that purpose; and said Director of Public Works is hereby directed to make and file with the City Clerk of said City a re~ort in wrlting~ presenting the following: !Iii ' '1i111 iT Ti (a) Maps and descriptions of the lands and easements to be acquired; (b) Plans and specif£cations of the proposed improvements to be made pursuant to this Resolution of Intention; (c) Engineer's statenent of the itemized and total esti- mated costs and expenses of said acquisitions and improvements and of the incidental expenses in connection therewith; (d) Diagram showing ~he assessment district above re- ferred to, and also the boundaries and dimensions of the respec- tive subdivisions of land wLthin said district as the same existed at the time of the passage of this Resolution of Inten- tion, each of which subdivisions shall be given a separate number upon said diagram; (e) A proposed assessment of the total amount of the costs and expenses of the proposed acquisitions and improvements upon the several subdivisior.s of land in said district in pro- portion to the estimated ber.efits to be received by such subdi- Visions, respectively, from Said acquisitions and improvements, and of the expenses incidental thereto. When any portion or percentage of the costs and expenses of the acquisitions and improvements is to be paid from sources other than assessments., the amount of such portion or percentage shall first be deducted from the total estimated cost and ex- penses of said acquisitions and improvements, and said assess- ment shall include only the remainder of the estimated cost and expenses. Said assessment shall refer to said subdivisions by their respective numbers ~s assigned pursuant to subdivision (d) of this section° 14. Notice is hereby ~iven that, in the opinion of the Council, the public interest will not be served by allowing -4- the property owners to tak~ the contract for the construction of the improvements and that, pursuant to Section 1050P~.4 of the Streets and Highways Code, no notice of award of contract shall be published. 15. If any excess shall be realized from the assessment it shall be used, in such amounts as the Council may determine, in accordance with the provisions of law for one or more of the following purposes: (a) Transfer to the general fund of the City, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or 5% of the total amount expended from the improve- ment fund; (b) As a credit upor_ the assessment and any supplemental assessment; or (c) For the maintenance of the improvements. I hereby certify that the foregoing Resolution was regularly intro- duced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 5th day of January, 1970, by the fol- lowing vote: AYES, OOUNCILMEN NOES, ABSENT, " Frank J. Bertucelli, Patrick E. Ahern, F. Frank Mammini, Andrew Rocca and Warren Steinkamp None None ATTEST: :"~c~,. ' -5-