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.
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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,
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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.
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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.
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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;
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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.
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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.
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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
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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:
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