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HomeMy WebLinkAboutReso 4236-1965RESOLUTION NO. 4236 A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS CABOT, CABOT & FORBES INDUSTRIAL PARK UNIT NO. 2 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 reclamation of the land bounded generally southwesterly by the San Francisco Bay shore line and Cabot, Cabot & Forbes Industrial Park Unit No. 1 subdi- vision, and northerly, easterly and southerly by the exterior boundary line of the lands of Cabot, Cabot & Forbes California Properties, Inc., by filling to minimum grade established by the Department of Public Works of the City of South San Francisco, including the planting of slopes resulting from the removal of earth for said reclamation and the protection of said lands from erosion and slides. (b) The improving of the public streets within said area by grading, paving, curbs, gutters, sidewalks, drainage pipes and structures, sanitary sewer pipes and structures, water pipes and structures, electrolier system, fire alarm system, power and telephone conduits, cables and appurtenances, transportation drill tracks, street signs and monuments. (c) The acquisition of all lands and easements and the doing of all work auxiliary to any of the above and necessary to complete same· That proceedings shall be taken pursuant to appropriate laws for the vesting or transfer of title to and the ownership, main- tenance and operation of underground utilities by appropriate public utility companies as determined by this Council. 3. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersec- tions 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 office of the County Recorder of San Mateo County, California, and shall be shown upon the plans herein referred to and to be filed with the City Clerk of said City. 5. All of said work and improvements are to be constructed 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 described any of such work already done to line and grade and marked excepted or shown not to be done on said plans, profiles and specifications. 7. Notice is hereby given of the fact that in many cases said work and improvement 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. The descriptions of the acquisitions and improvements 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 provided in subdivisions (a) and (b) of Section 1 hereof, as contained in the Engineer's report, shall be controlling as to the correct and detailed description thereof. 10. The total estimated cost of said project is the sum of ~,485,000, of which the estimated cost of the work provided in subdivision (a) of section 1 is the sum of $8??,500, the estimated cost of the work provided in subdivision (b) of section I is the sum of ~1,910,500 and the estimated cost of contingencies and inci- dentals is the sum of ~697,000. ll. Said contemplated acquisitions and improvements, in subdivision (b) of section l, in the opinion of the Council, are of more than local or ordinary public benefit ~nd said Council does hereby make the costs and expenses thereof chargeable upon an assess- ment district, which district said Council declares to be the district benefited thereby, the exterior boundaries of which are more parti- cularly described in the Exhibit hereto attached and made a part hereof by reference, entitled "Cabot~ Cabot & Forbes Industrial Psrk Unit No. 2 Assessment District Boundary." 12. That all of the lands described in Section ll of this resolution are being reclaimed, and, in the opinion of the Council, the costs of said reclamation are of more than local or ordinary public benefit, and said costs and the expenses incidental thereto are hereby made chargeable upon the lands reclaimed~ which lands are hereby declared to be the lands benefited thereby, the exterior boundaries of which are the exterior boundaries of the lands described in sec- tion ll. l~. It is determined and declared that all public streets and highways within said assessment district in use in the performance of a public function as such shall be omitted from the assessment hereafter to be made to cover the costs and expenses of said acquisi- tions and improvements. 14. Pursuant to Section 10108 of the Streets & Highways Code, it is hereby declared to be the intention of the City Council to order that the expenses of maintaining and operating each, every and all of the improvements described in subdivision (a) of section 1 of this resolution, as the same shall have been finally acquired, constructed and installed, after having made such changes and modifi- cations therein as shall have occurred during the conduct of the pro- ceedings to be had pursuant hereto~ as authorized in the Act pursuant to which these proceedings are taken~ including, but without limiting the generality of the foregoing~ the displacement dyke constructed or to be constructed in the San Francisco Bay along the exterior boundary of the lands to be reclaimed~ the drying~ displacement of mud, filling and compaction of the lands to be reclaimed, the cutting, benching~ sloping, draining and planting of the lands within the district from which the earth materials used in said reclamation are obtained, and any and all of the improvements~ additions~ extensions and replacements of any thereof which may hereafter occur, and zpecifically~ but without limiting the generality of the foregoing, any settlement of any of said lands so reclaimed and any slippage of or sliding in the displacement dyke and in the benches and slopes of the lands from which the reclamation 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 of said lands from overflow by water~ and including the restoration to the original level herein established therefor of the lands reclaimed after having applied thereto the amount established in the plans~ specifications and reports therefor for reasonable permenent 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 designed or performed not other- wise provided therefor in the original assessment levied pursuant hereto or for damages by reason of the design, execution or perform- ance of said work and improvements or resulting therefrom, or the amount of any settlement of any such action or of any claim therefor without action, shall be assessed upon the real property lying within the district described in section ll of this resolution, which dis- trict and the real properties therein are hereby declared to be the district and real properties benefited by and to be assessed to pay costs of the maintenance and operation of the improvements proposed to be maintained, including, but not limiting the generality thereof, all other costs herein described, inherent~ germain or incidental thereto; the amounts so assessed to be levied as an annual ad valorem special assessment tax upon the real property within said maintenance district in amounts sufficient therefor for the ensuing year, and collected, in addition to, in the same manner, at the same time, and in the same installments, and become delinquent at the same times and in the same proportionate amounts and bear the same proportionate penalties and interest after delinquency, and be subject to the same provisions for redemption or sale for nonpayment, as are general City taxes on real property; provided, however, that if any claim, action or judgment shall be determined by the Council or by any court or other tribunal of competent Jurisdiction to not be a proper claim against the maintenance district, it shall be the subject of a supple- mental assessment or reassessment as intended to have been included in the original assessment° 15. The assessments under Sections l0 and ll above, to the extent that they are on the same lands, may be consolidated and con- stitute a single assessment. 16. Notice is hereby given that serial bonds to represent the unpaid assessments, and bear interest at the rate of six per cent (6%) per annum, will be issued hereunder in the manner provided in the Improvement Bond Act of 1915, Division l0 of the Streets and Highways Code, the last installment of which bonds shall mature not to exceed twenty-four (24) years from the second day of July next succeeding ten (10) months from their date. The provisions of Part ll.1 of said Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds, shall apply. l?. 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. 18. Reference is hereby made to proceedings had pursuant to Division b of the Streets and Highways Code on file in the office of the City Clerk. 19. Said proposed acquisitions and improvements are hereby referred to the Engineer of Work, being a competent person employed by said Council for that purpose; and said Engineer is hereby direct- ed to make and file with the City Clerk of said City a report in writing presenting the following as to the work to be done pursuant to subdivisions (a) and (b) of section i hereof: (a) Maps and descriptions of the lands and easements to be acquired; (b) Plans and specifications of the proposed improve- ments to be made pursuant to this Resolution of Intention; (c) Engineer's statement of the itemized and total estimated costs and expenses of said acquisitions and improvements and of the incidental expenses in connection therewith; (d) Diagram showing the assessment district above referred to, and also the boundaries and dimensions of the respec- tive subdivisions 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 dia- gram; and (e) 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 district in proportion to 0 the estimated benefits to be received by such subdivisions, respec- tively, From said acquisitions and improvements, and of the expenses incidental thereto. 20. 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 follow- ing 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 supple- mental assessment; or (c) For the maintenance of the improvements. 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 special meeting held this 28th day of June, 1965 by the following vote: AYES, COUNCILMEN NOES, " ABSENt, " Frank J. Bertucelli, Emilio Cortesi, and Guido J. Rozzi. Patrick E. Ahem. Andrew Rocca. ATTEST: ~ Cit~C 1;rk -'