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HomeMy WebLinkAboutReso - CC - 015-1968WJML:KJmh 1-30-68-20 that RESOLUTION NO. 1_5 -68 A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT, ORDERING THE WORK AND ACQUISITIONS AND THE REFUNDING OF BONDS BAYSIDE IMPROVEMENT DISTRICT NO. 4 RESOLVED, by the City Council of the City of Burlingame, California, WHEREAS, on the 6th day of November, 1967, said Council adopted its Resolution of Intention No. 60-67, to acquire and construct improvements in said City and to order the acquisition and cancellation of bonds and to issue refunding bonds, and referred the proposed acquisitions and improvements and refunding to the Engineer of Work, he being the officer having charge and control of the acquisition and construction of improve- ments in and for said City of the kind described in said Resolution of Intention, and being a competent person appointed by said Council for that purpose; WHEREAS, said Council thereby directed said Engineer of Work to make and file with the City Clerk a report in writing in accordance with and pursuant to the Municipal Improvement Act of 1913 and the Bond Refunding Law of 1939; WHEREAS, said report was duly made and filed with the City Clerk, whereupon said Clerk presented it to this Council for consideration; WHEREAS, this Council thereupon duly considered said report and each and every part thereof and found that it contained all the matters and things called for by the provisions of said Acts, including (1) plans and specifications of the proposed improvements, (2) estimate of costs, (3) diagram of district, (4) an assessment according to benefits, and (5) maps and descriptions of lands and easements to be acquired, all of which was done in the form and manner required by said Acts; WHEREAS, said Council found that said report and each and every part thereof was sufficient in every particular and determined that it should stand as the report for all subsequent proceedings under said Acts, whereupon said Council, pursuant to the requirements of said Acts, appointed Monday, the 5th day of February, 1968, at the hour of 8:00 o'clock P.M. of said day in the Council Chambers, City Hall, Burlingame, California, as the time and place for hearing protests in relation to said proposed acquisitions, improvements and refunding, and directing the City Clerk to give notice of said hearing as required by said Acts; WHEREAS, it appears that notices of said hearing were duly and regu- larly posted, mailed and published in the time, form and manner required by said Acts, as evidenced by the affidavits on file with said Clerk, whereupon said hearing was duly and regularly held at the time and place stated in said notice; and WHEREAS, no persons interested, objecting to said acquisitions and improvements, or to the extent of the assessment district, or to the proposed assessment or diagram, or to the maps and descriptions, or to the grades at which said work will be done, or to the Engineer's estimate of the costs and expenses thereof, or to the proposed refunding, filed written protests with the City Clerk at or before the time set for hear- ing, and all persons interested desiring to be heard were given an oppor- tunity to be heard, and all matters and things pertaining to said acqui- sitions, improvements and refunding were fully heard and considered by this Council, and this Council has acquired jurisdiction to order said acquisitions and improvements, the confirmation of the diagram and assessment to pay the costs and expenses thereof and the refunding of said bonds; NOW, THEREFORE, said Council does hereby FIND, DETERMINE and ORDER, as follows: 1. That the owners of one-half of the area to be assessed for the cost of the project did not, at or prior to the time fixed for said hearing, file written protests against the said proposed acquisitions and improvements as a whole, or against the district or the extent thereof to be assessed for the costs and expenses of said acquisitions and improvements as a whole, or as to the Engineer's estimate of the costs and expenses, or against the maps and descriptions, or against the 2 diagram or assessment to pay for the costs and expenses thereof, or to the proposed refunding of bonds. 2. That the district benefited by said acquisitions and improve- ments and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are more particularly described in said Resolution of Intention and made a part hereof by reference thereto. 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 said district and from the levy and collection of the special taxes to be hereafter levied and collected to cover the costs and expenses of said acquisitions and improvements. 3. That the plans and specifications for the proposed improvements, contained in said report, be, and they are hereby, finally adopted and approved as the plans and specifications to which said work shall be done as called for in said Resolution of Intention. 4. That the Engineer's estimate of the itemized and total costs and expenses of said acquisitions and improvements, and of the incidental expenses in connection therewith and with said refunding, contained in said report, be, and it is hereby, finally adopted and approved as the Engineer's total and detailed estimate of the costs and expenses of said acquisitions, improvements and refunding. 5. That the maps and descriptions of the lands and easements to be acquired, as contained in said report, be, and the same are hereby, finally approved and confirmed. 6. That the public interest and convenience require, and said Council does hereby order the acquisitions and improvements and the re- funding of bonds to be made as described in and in accordance with said Resolution of Intention on file in the office of the City Clerk, refer- ence to which is hereby made for a more particular description of said acquisitions and improvements and said refunding and also for further particulars pursuant to the provisions of said Municipal Improvement Act of 1913 and said Bond Refunding Law of 1939. 3 7. That the diagram showing the assessment district referred to and described in said Resolution of Intention, and also the boundaries and dimensions of the respective subdivisions of land within said dis- trict as the same existed at the time of the passage of said Resolution of Intention, each of which subdivisions having been given a separate number upon said diagram, as contained in said report, be, and it is hereby, finally approved and confirmed as the diagram of the properties to be assessed to pay the costs and expenses of said acquisitions and improvements. 7. That the assessment of the total amount of the costs and expenses of the proposed acquisitions and improvements and refunding upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by said subdivisions, respectively, from said acquisitions and improvements and said refunding, and of the expenses incidental thereto, contained in said report, be, and the same is hereby, finally approved and confirmed as the assessment to pay the costs and expenses of said acquisitions and improvements and refunding. 9. That said Engineer's report be, and the same is hereby, finally adopted and approved as a whole. 10. That the City Clerk shall forthwith deliver to the Superinten- dent of Streets the said assessment, together with said diagram thereto attached and made a part thereof, as confirmed by this Council, with his certificate of such confirmation thereto attached and of the date there- of; and that said Superintendent of Streets shall record said diagram and assessment in his office in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording, and such recordation shall be and constitute the assessment roll herein. m u I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Burlingame, California, at a meeting thereof held on the 7th day of February , 1968 , by the following vote: AYES, and in favor thereof, Councilmen: Crosby-Diederichsen-George-Johnson-Martin. NOES, Councilmen: None ABSENT, Councilmen: None rs amity Clerk of the city of Burlingame APPROVED: Mayor