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HomeMy WebLinkAboutReso 52-1977WJML :KIJ :ar 4/27/77 RESOLUTION NO. 52 -77 A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS AND TO FORM THE GELLERT BOULEVARD EXTENSION GRADING MAINTENANCE DISTRICT GELLERT BOULEVARD EXTENSION PROJECT ASSESSMENT DISTRICT (Revised) RESOLVED, by the City Council of the City of South San Francisco, California, that 1. In its opinion the public interest and convenience require and that it is the intention of said Council to order the acquisitions and improvements in and for said City as more particularly hereinafter described. 2.. To the extent that work, rights, improvements or acquisitions, indicated in the Engineer's Report to be made as provided herein, are shown to be connected to the facilities, works or systems of, or are to be owned, managed and controlled by any public agency other than this entity, or of any public utility, (including Pacific Gas and Electric Co. and Pacific Telephone), it is the intention of this Council to enter into an agreement or agreements with the public agency or public utility or both, pursuant to Chapter 2 (commencing with Section 10100) of Divi- sion 12 of the Streets and Highways Code, which agreement or agreements shall provide for the ownership by said agency or utility of such works, rights, improvements or acquisitions, and may provide for the installation of all or a portion thereof by said agency or utility and for the providing of service to the properties in the area benefiting from said work, rights, improvements or acquisitions-by said agency or utility in accordance with its rates, rules and regulations, and that said agreement or agreements shall become effective after proceedings have been taken for the levy of the assessments and sale of bonds and funds are available to carry out the terms of any such agreement or agreements. 3. Said acquisitions and improvements.are described as follows: a) The opening of an extension of-Gellert Boulevard from a present northerly stub of Gellert Boulevard about 500 feet northerly of Westborough Boulevard northerly to the intersection of existing Gellert Boulevard and Rowntree Way, and the improving thereof by excavation, fills, grading, compaction, base pavement, wearing surface, curbs, gutters, sidewalks, street lighting facilities, divider section (including landscaping and irrigation facilities), water mains, valves, hYdrants, ser- vices, and appurtenances, fire alarm system, sani- tary sewer mains, manholes, wye branches, laterals and appurtenances, traffic signalization facilities (if found to be necessary by traffic studies), and storm drainage pipes, manholes, catch basins and appurtenances, together with the removal of unsuit- able material from fill slope areas and the con- struction of supporting fill slopes as necessary to assure against subsidence of the road section. b) The construction of sanitary gravity sewer mains, force mains, manholes, and appurtenances, to- gether with the enlargement of the pumping capacity of the existing pump station of the Westborough County Water District, located on Westborough Boulevard about 450 feet easterly of Gellert Boule- vard, to accommodate flows from the proposed assess- ment district, and together with the acquisition of sewage pump station site or sites as required. -2- ¢) d) e) f) The construction of a storm drainage system of pipes, manholes, catch basins and supporting slopes and fills in proposed easements as required to provide adequate storm drainage for said road and other public areas. The construction of.traffic signalization facilities at the intersection of Gellert Boulevard and King Drive,-to be constructed only when and if the City of Daly City determines that such facilities are necessary, with one eighth (1/8th) of the estimated cost thereof to be included in the assessment herein provided for and subject to refund if said facilities are not constructed within five (5) years from the date hereof. The construction of underground electric and a gas distribution system, title to which shall be vested in Pacific Gas and Electric Company and underground telephone facilities title to which shall be vested in Pacific Telephone Company pursuant to appropriate agreement. The acquisition of all lands and easements and the construction of all improvements auxiliary to any of the above and necessary to complete the same. 4. Whenever any public way is herein referred to as running between two public ways, 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 and to be done therein. 5. Said streets and highways are more particularly shown in the records in the office of the County Recorder of the County of San Mateo, California, and shall be shown upon the plans herein referred to and to be filed with the City Clerk of the City of South San Francisco. 6. All of said work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes, -3- dimensions and materials, and at the lines, grades and elevations as shown and delineated upon the plans, profiles and specifica- tions to be made therefor, as hereinafter provided. 7. Notice is hereby given of the fact that in many cases said work and improvements will bring the finished work to a grade different from that formerly existing, and that to said extent said grades are hereby changed and that said work will be done to said changed grades. 8. Said Council does hereby adopt and establish as the official grades for said work the grades and elevations to be shown upon said plans, profiles and specifications. All such grades and elevations are to be in feet and decimals thereof with reference to the datum plane of the City of South San Francisco. 9. In Cases where there is any disparity in level or size between the improvements proposed to be made herein and private property and where it is more economical to eliminate such disparity by work on said private property than by adjustment of the work on public property, it is hereby determined that is is in the public interest and more economical to do such work on private property to eliminate such disparity. In such cases, said work on private property shall, with the written consent of the owner of said property, be done and the.actual cost thereof may be added to the proposed assessment of the lot on which said work is to be done. -4- Ill I! 10. The descriptions 'of the acquisitions and improve- ments and the termini of the work contained in this Resolution are general in nature. All items of work do not necessarily extend for the full length of the description 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. 11. Said Council proposes to contribute towards the cost of said acquisitions and improvements-the amounts set forth in Resolution No. 31-76, adopted March 3, 1976. Said contemplated acquisitions and improvements, in the opinion of this Council, are of more than local or ordinary~ public benefit, and the balance of the costs and expenses thereof are made chargeable upon an assessment district, the exterior boundaries of which are the composite and consolidated area as more particularly shown on a map thereof entitled "Map Showing Boundaries of Gellert Boulevard Extension Project Assessment District" and dated April, 1977, on file in the office of the.City Clerk, to which reference is hereby made for further 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 district. 12. This 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 made to cover the costs and expenses of said acquisitions and improvements. -5- 13. Notice is hereby given that serial bonds to repre- sent the unpaid assessments and bear interest at the rate of not.to exceed eight percent (8%) per annum, will be issued here- under in the manner provided in the Improvement Bond Act of 1915, Division 10 of the Streets and Highways Code, the last install- ment of which bonds shall mature not to exceed twenty-four (24) years from the second day of July next succeeding ten months from their date. The provisions of Part 11.1 of said Act providing an alternative procedure for the advance payment of assessments and the calling of bonds, shall apply,. 14. Except as herein otherwise provided for the issuance of bonds, all of said improvements shall be done pursuant to the provisions of the Municipal Improvement Act of 1913. 15. 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. 16. Said proposed acquisitions and improvements are hereby referred to the Engineer of Work, being a competent person employed by said City for that purpose; and said Engineer is hereby directed to make and file with the CitY Clerk a report in writing, presenting the following: a) Plans and specifications of the proposed improvements to be made pursuant to this Resolution of Intention; b) Engineer's statement of the itemized and total estimated costs and expenses of said acquisitions and improvements and of the incidential expenses in connection there- with; -6- C) Diagram showing the assessment district above referred to, and also the boundaries and dimensions of the respective subdivi- sions of land within said District as the same existed at the time of the passage of this Resolution of Intention, each of which subdivisions shall be given a separate number upon said diagram; d) A proposed assessment of the total amount of the costs and expenses of the proposed acquisitions and improvements upon the several subdivisions of land in said dis- trict in proportion to the estimated benefits to be received by such subdivisions, respectivelY, from said acquisitions and improvements, and of the expenses incidental thereto; and e) Maps and descriptions of the lands and easements to be acquired. When any portion or percentage of the cost 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 expenses of said acquisitions and improvements, and said assessment shall include only the remainder of the estimated cost and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to subdivision (c) of this Section. 17. Notice is hereby given that in the opinion of this Council, the public interest will not be served by allowing the property owners to take the contract for the construction of the improvements, and that pursuant to Section 10502.4 of the Streets and Highways Code, no notice of award of contract shall be published. -7- 18. Notice is further given that it is the intention of this Council to form a grading maintenance district pursuant to Chapter 26, (commencing with Section 5820) Part 3, Division 7 of the Streets and Highways Code, (the Improvement Act of 1911) of the state of California, as authorized by Sections 10107 and 10108 of said Code, for the purpose of providing within and for the lands within said assessment district,' the following: Maintenance and operation of the grading areas, including excavation and fills, slope areas, support- ing fill slopes and appurtenant drainage and planting facilities and areas, and specifically, but without limiting the generality of the foregoing, any settle-- ment of any of said lands so graded and filled and any slippage or sliding thereof and in the benches and slopes of.the lands from which the fill materials are removed, including the cost of necessary repairs, replacements, fuel, power, electrical current, care, supervision, and any and all other items necessary for the proper maintenance and operation thereof, including any costs for constructing any additional dykes, levees and walls of rock or other materials which may become necessary for the protection and support of said lands, and including the restoration to the original level herein established therefor of the lands so filled after having applied thereto the amount established in the plans, specifications and reports therefor for reasonable permanent settlement or any increase thereof deemed reasonably advisable therefor; and including the amount of any judgment, or judgments, rendered in any action for direct or inverse eminent domain for any taking or damage grow- ing out of the work and improvements in the manner designed or performed not otherwise provided therefor in the original assessment levied pursuant hereto or for damages by reason of the design, execution or performance of said work and improvements or result- ing therefrom, or the amount of any settlement of any such action or of any claim therefor without action; all as now existing or hereafter to be constructed in or hereafter to be constructed in or for said mainten- ance district, and of benefit to said maintenance district, but not to the City of South San Francisco as a whole. -8- 19. That pursuant to Section 2263.2 of the Revenue and Taxation Code of the state of California, the expenses of 'maintaining and operating said improvements in said maintenance district be assessed upon the real property within said mainten- ance district; that a maximum property tax rate be established to pay such expenses, unless otherwise modified pursuant to law, at not to exceed One Dollar and Twenty-Five~Cents ($1.25) per_ One Hundred Dollars ($100) of assessed valuation; and that the special assessment tax be levied and collected at the same time and in the same manner as the general tax levy for City purposes and when collected be paid into the City treasury to the credit of the fund of the maintenance district and be used for the payment of the expenses of such district. 20. That the name of said maintenance district be Gellert Boulevard Extension Grading Maintenance District. 21. 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 Improvement Fund; b) As a credit upon the assessment.and any supplemental assessment; or c) For the maintenance of the improvements. 22. The City Engineer of said City be, and he is hereby designated as the person to answer inquiries regarding any protest -9- H[I II proceedings to be had herein, and may be contacted during regular office hours at the City Hall, 400 Grand Avenue, South San Francisco, California, or by calling (415) 873-8000. 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 regular meeting held this 4th day of Ma~ , 1977, by the following vote: AYES, COUNCILMEMBERS Richard A. Battaglia, William A. Borba, Emanuele NOES, N. Damonte, Terry J. Mirri and Leo Padreddii COUNCILMEMBERS None ABSENT, COUNCILMEMBERS None ATTEST: -10- HI[Il i ilfrl ilil