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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
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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.
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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.
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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