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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 �(h ayor-Pro-Tempore go