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: