HomeMy WebLinkAboutReso - CC - 048-1970WJML:KJmh 2-25-70-20
RESOLUTION NO. 48 -70
A RESOLUTION OF DETERMINATION, UNDER DIVISION 4 OF
THE STREETS AND HIGHWAYS CODE, TO PROCEED WITH
PROCEEDINGS FOR ACQUISITIONS AND IMPROVEMENTS
BURLINGAME AVENUE AREA OFF-STREET PARKING DISTRICT
PROJECT NO. 1969-1
RESOLVED, by the City Council of the City of Burlingame,
California, that
WHEREAS, in accordance with the order of this Council, a report
has been filed with this Council pursuant to Division 4 of the
Streets and Highways Code for the acquisition and construction of
the following public improvements in and for said City:
a) The acquisition of the property of the City of Burlingame
known as the old city hall site on Park Road; the post
office parking lot (identified in the proceedings to form
the Burlingame Avenue Area Off -Street Parking District as
Parcels lE and 6E) with about 70 feet of frontage on
Lorton Avenue and.150 feet of depth; and a pedestrian
access to Burlingame Avenue from the Donnelly Avenue lots,
comprised of the southwesterly 15 feet of Diagram and
Assessment No. 79 (County Assessor's Parcel No. 29-152-17).
b) The improving of said lots and pedestrian access by
grading, including demolition and removal of structures
and obstructions, and the construction of pavement, curbs,
accesses, fences, landscaping, drainage and lighting
structures and facilities as may be needed for completion
and use of said lots for off-street vehicle parking.
c) The acquisition of all lands and easements and the
construction of all work auxiliary to any of the above
and necessary to complete the same.
WHEREAS, Monday, the 2nd day of March, 1970, at the hour of
8:00 o'clock P.M., in the Council Chambers, City Hall, Burlingame,
California, were fixed by this Council as the time and place for
hearing upon said report; and notice of said hearing has been duly
given to all persons interested in the manner and for the time pro-
vided by law, as appears from affidavits thereof on file with the
City Clerk;
WHEREAS, this Council has determined that said report should
be heard before this Council, it being the legislative body of
said City, and at said hearing on the report, the report, except
as to the map, plat or diagram, and the assessed valuations, true
valuations and estimated assessments upon each parcel of land, was
read before protests were considered; and
WHEREAS, all persons interested desiring to be heard were fully
heard, and all oral protests or objections made at the hearing to
the ordering of the things proposed to be done, and all written pro-
tests to the ordering of said things or relating to the regularity or
sufficiency of the proceedings setting forth the irregularity or
defect to which objections were made, and which were filed with the
City Clerk of this City at or before the time fixed for the hearing,
were fully heard and considered by this Council;
NOW, THEREFORE, IT IS ORDERED, as follows:
1. That said improvements constitute a single comprehensive
scheme for the construction of said improvements as described in
the Resolution of Preliminary Determination for these proceedings
heretofore adopted by this Council on October 6, 1969.
2. That the owners of more than one-half of the area of the
property to be assessed for the acquisitions and improvements have
not filed with the City Clerk of this City at or before the time
fixed for hearing, or at all, written protests or objections to the
ordering of the things proposed to be done, contained in said report.
3. That the owners of more than one-half of said area to be
assessed have not, either orally or in writing, protested or objected
to the ordering of said things proposed to be done, and that each
and all of said protests are hereby overruled.
4. That said report and proceedings heretofore had thereon
or therefor are valid and fully conform with the provisions of
Division 4 of the Streets and Highways Code, and all protests in
writing relating to the regularity or sufficiency of the proceedings
filed with said Clerk of this City at or before the time fixed for
said hearing, are hereby overruled.
2
5. That the public interest, convenience and necessity require
the acquisitions and improvements set forth in said report, that said
proposed project is feasible and that the lands to be assessed there-
for will be able to carry the burden of such proposed assessments,
and the limitations on the amounts of the assessments provided for
in said Division 4 may be disregarded, both with respect to the limi-
tations on the district as a whole, and as to the limitations on
individual, specified assessments.
6. That the lands proposed to be specially assessed to pay the
costs and expenses of said acquisitions and improvements, are all as
shown on the diagram of the proposed assessment district, which is
a part of the report of the City Engineer of said City.
7. That proceedings for the acquisition and construction of
said improvements will be had pursuant to the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931 and the
Municipal Improvement Act of 1913, and the bonds upon the unpaid
assessments will be issued pursuant to the Improvement Bond Act
of 1915.
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
15th day of June , 1970, by the following vote:
AYES, and in favor thereof, Councilmen:
Amstrup, Johnson, Mangini, Martin.
NOES, Councilmen: None.
ABSENT, Councilmen: Crosby.
APPROVED: City Cie
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ayor-Pro-Tempore
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