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HomeMy WebLinkAboutReso 219-19770238A-17a WJML:KIJ:shw 12/02/77 RESOLUTION NO. 219 -77 A RESOLUTION DESCRIBING PROPOSED MODIFICATION IN THE BOUNDARIES OF ASSESSMENT DISTRICT AND OF INTENTION TO MAKE CHANGES AND MODIFICATIONS GELLERT BOULEVARD EXTENSION PROJECT ASSESSMENT DISTRICT PROJECT NO. ST 77'5 RESOLVED, by. the City Council of the City of South San Francisco, CalifOrnia, that WHEREAS, on November 2, 1977, this Council adopted its Resolution No. 194-77, A Resolution Describing Proposed Boundaries of Assessment District, Directing Filing of Map and Directing Recordation of Notice of Assessment, Gellert Boulevard Extension Project, Assessment District, wherein the boundaries of the proposed assessment district to be formed pursuant to Resolution of Intention No. 52-77, adopted by said Council on May 4, 1977, were described by reference to a map on file in the office of the City Clerk; WHEREAS, said map, as approved by said Council, was filed in the office of the County Recorder of San Mateo County within fifteen (15) days after adoption of said resolution, as required by law; WHEREAS, said Council proposes to modify said boundaries to include additional properties in said assessment district, to redistribute the assessments to be levied in said proceedings and to assess those properties added to said assessment district as herein proposed; WHEREAS, the Engineer of Work has prepared an amended map of the assessment district with said additional properties included; NOW, THEREFORE, IT IS ORDERED, as follows: 1. The proposed modification in the boundaries of the assessment district is hereby described by reference to the map. of the assessment district, amended to include the properties proposed to be added to the assessment district, and said amended map is hereby approved and the properties to be included are hereby included therein. 2. The City Clerk is hereby directed to file said amended map with the County Recorder of the County of San Mateo not later than ten (10) days after the adoption of this resolution. 3. The public interest, convenience and necessity require, and that it is the intention of said Council to make changes and modifications in the assessment filed pursuant to said Resolution of Intention by reapportioning and redistributing said assessment ~ according to benefits, taking into consideration the effects of an appraisal to be made and filed in the office of the City Clerk. The Engineer shall make said changes on the face of the assessment. 4. 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, supporting fill slopes and appurtenant drainage and planting facilities and areas, and specifically, but without limitJ, ng the generality of the foregoing, any settlement 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 (or to any changed level resulting from any public or private grading and work legally accomplished thereon subsequent to the establishment of said original level) of the lands so filled after ha~ing applied thereto the amount established in the plans, specifications and reports therefor (or in any subsequent plans, specifications and reports for any such subsequent grading or work) 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 growing out of the work and improvements in the manner originally designed or performed (or out of work and improvements legally accomplished by public works contract, private construction or otherwise) 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 resulting therefrom (or the design, execution or performance of any public or private work and improvements ~ legally accomplished subsequent thereto), 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 fOr said maintenance district (whether by virtue of the original public proceedings and work or subsequent public proceedings and work or private work legally accomplished), and of benefit to said maintenance district, but not to the City of South San Francisco as a whole. 5. Notice Is Further Given 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 will be assessed upon the real property within said maintenance district; that a maximum property tax rate will 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 will 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. 6. Notice Is Further Given that the name.of said maintenance district shall be "Gellert Boulevard Extension Grading Maintenance District". NOTICE IS HEREBY GIVEN that Wednesday, the 21st day of December, 1977, at the hour of 7:30 o'clock P.M. in the regular meeting place of said COUncil, West Orange Avenue Library Auditorium, South San Francisco, California, are hereby fixed as the time and place when and where said Council will consider the matter of making said changes and modifications, will further consider the matters before the Council on December 7, 1977, and will consider the matter of forming the Gellert Boulevard Extension Grading Maintenance District, all as set forth above, and will hear all protests and persons interested in any of said matters. IT IS FURTHER ORDERED that Theodore V. Tronoff, Engineer of Work of said City be, and he is hereby, designated as the person to answer inquiries regarding any protests proceedings to be had therein, and may be contacted during regular office hours at 345 Park Plaza, Daly City, California, or by calling (415)755-2404. The City Clerk of said City shall cause a copy of this resolution to be' published once in the Enterprise Journal, a newspaper of general circulation published in said City, and the paper in which the Notice of Improvement under said Resolution of Intention was published, and to be mailed to all property owners in the proposed assessment district, said publication and mailing to be at least ten days before said day of hearing. 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 7th day of December, 1977, by the following vote: AYES, COUNCILMEMBERS: Richard A. Battaglia, William A. Borba , - Emanuele N. Dan~nte, Terry J. Mirri and Leo Padreddii NOES, COUNC I LMEMBERS: None ABSENT, COUNCILMEMBERS: None ATTEST: