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HomeMy WebLinkAboutReso - CC - 044-1966JML:KIJ:gt 7/7/66 15C RESOLUTION NO. 44 -66 A RESOLUTION OF INTENTION TO ACQUIRE IMPROVEMENTS AND TO ORDER ACQUISITION AND CANCELLATION OF BONDS AND TO ISSUE REFUNDING BONDS; AND RESCIND- ING RESOLUTION NO. 118-65 BAYSIDE IMPROVEMENT DISTRICT NO. 3 RESOLVED, by the City Council of the City of Burlingame, California, that 1. In its opinion the public interest, convenience and necessity require and that it is the intention of said Council to order the acquisition of the following improvements, to wit: a) The opening of the street proposed to be called Lang Road from Airport Boulevard westerly about 800 feet and the improving thereof by grading and construction therein of base pavement and wearing surface; Portland cement concrete curbs, gutters and sidewalks; storm drain pipes, man- holes, catch basins and appurtenances, sanitary sewer mains, manholes, laterals and appurtenances; water mains, valves, hydrants, services and appur- tenances; and a complete street lighting system. b) The installation of underground electrical and telephone facilities to serve the properties in the proposed assessment district. c) The acquisition of all lands, easements and facili- ties and the construction of all improvements auxil- iary to any of the above and necessary to complete the same. 2. It is hereby determined that the public interest, con- venience and necessity require the amendment of assessments and the acquisition, cancellation and refunding of those portions of bonds issued pursuant to the Improvement Act of 1911 to represent Diaam and Assessment Nos. 14, 15, 213 225 23, 24 and 25, levied pursuant to the Municipal Improvement Act of 1913 in proceedings conducted pursuant to Resolution of Intention No. 94-64, adopted by this Council on July 20, 1964, representing proposed Lots Nos. 1 to 6, inclusive, Anza Airport Park, Unit No. 2, after the amend- ment of assessments necessitated by the resubdivision and subdi- vision of lots and parcels shown in the map of said Anza Airport Park, Unit No. 2. 3. The principal amount of amended assessments and bonds to be refunded is $14,768.73, and the amount of each sum allocated up to the date of this Resolution upon the payment or redemption of the original bonds is nothing; and that any subsequent alloca- tion except contributions by way of cancellation of taxes or to- wards incidental expenses will be used to reduce the assessment to be levied. 4. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the inter- sections of the public ways referred to are included to the extent that work has been shown on the plans to be done therein. 5. Said streets and highways are or will be more particu- larly 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. 6. All of said work and improvements have been 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 made therefor, as hereinafter provided. 7. Notice is hereby given of the fact that in many cases said work and improvement has brought the finished work to a grade different from that formerly existing and that to said extent said grades have been changed and that said work has been done to said changed grades. 8. Said -Council does hereby adopt and establish as the ` official grades for said work the grades and elevations shown upon said plans, profiles and specifications. All such grades and ele- vations are to be in feet and decimals thereof with reference to the datum plane of the City of Burlingame. 9. The descriptions of the acquisitions and improvements and the termini of the work contained in this Resolution are general -2- 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, and maps and descriptions as contained in the Engineer's report, shall be controlling as to the correct and detailed description thereof. 10. Said contemplated acquisitions and improvements, in the opinion of said Council, are of more than local or ordinary public benefit, and that the cost of the acquisitions and improvements and the cost of the acquisition, cancellation and refunding of said bonds, together with expenses incidental thereto, be assessed upon proposed Lots 1, 2, 3, 4, 5 and 6, Anza Airport Park, Unit No. 2, more particularly shown on a map on file in the office of the City Clerk, which indicates by a boundary line the extent of the terri- tory included in the proposed district and which shall govern for all details as to the extent of the assessment district. 11. Said Council further declares that all public streets and highways and lots or parcels of land owned by the City of Burlingame within said assessment district and in use in the per- formance of a public function as such shall be omitted from the assessment hereafter to be made to cover the costs and expenses of said acquisitions and improvements. 12, Notice is hereby given that serial bonds to represent the unpaid assessments and bear interest at the rate of not to ex- ceed six per cent (6%) per annum, will be issued hereunder in the manner provided in the Improvement Act of 1911, Division 7 of the Streets and Highways Code, the last installment of which bonds shall mature not to exceed nineteen (19) years from the second day of January next succeeding the next September 1st following their date. Said bonds shall be made payable to bearer and provide a premium of five per cent (5%) of the unmatured principal thereof on call. The Council hereby elects that the first 1% penalty on said bonds shall be retained by the Treasurer and shall be charged as a cost of servicing the delinquency. -3- 13. Notice is further given that the City Council proposes to enter into agreements pursuant to Sections 10109, 10110 and 10111 of the Streets and Highways Code, with Pacific Gas and Elec- tric Company and Pacific Telephone Company, respectively, which agreements will provide, among other things, for the supplying by each public utility of plans and specifications for the proposed electrical and telephone distribution systems, for the ownership upon the completion of said facilities by said utilities, respec- tively, and for the providing of service to applicants therefor in said assessment district by each of said utilities in accor- dance with the rates, rules and regulations now or hereafter estab- lished by the Public Utilities Commission of the State of Cali- fornia, and that said agreements shall become effective after pro- ceedings have been taken for the levy of the assessments and sale of bonds and funds are available to carry out their terms. 14. Except as herein otherwise provided for the issuance of bonds, all of said improvements have been done pursuant to the provisions of the Municipal Improvement Act of 1913, and said re- funding pursuant to the Bond Refunding Law of 1939• 15. Reference is hereby made to proceedings had pursuant to Division 4 of the Streets and Highways Code on file in the office of the City Clerk. 16. Said proposed acquisitions and improvements and said refunding are hereby referred to the Engineer of Work, being a com- petent person employed by said City for that purpose; and said Engineer is hereby directed to make and file with the City Clerk of said City a report in writing, presenting the following: (a) Maps and descriptions of the lands and easements to be acquired; (b) Plans and specifications of the improvements made pursuant to this Resolution of Intention; (c) Engineer's statement of the itemized and total esti- mated costs and expenses of said acquisitions and improvements and -4- of said refunding, and of the incidental expenses in connection therewith; (d) Diagram showing the assessment district above refer- red to, and also the boundaries and dimensions of the respective subdivisions of land within said district as the same existed at the time of the passage of this Resolution of Intention, and as requested in the petition, each of which subdivisions shall be given a separate number upon said diagram; (e) A proposed assessment of the total amount of the costs and expenses of the proposed acquisitions and improvements and reassessment of said acquisition, cancellation and refunding costs and expenses upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by such subdivisions, respectively, from said acquisitions and im- provements and said refunding and of the expenses incidental thereto. 17. If any excess shall be realized from the assessment and reassessment it shall be applied as a credit upon the assessment and reassessment and any supplemental assessment. BE IT FURTHER RESOLVED, that Resolution No. 118-65, A Resolu- tion to Acquire and Construct Improvements and to Order Acquisi- tions and Cancellation of Bonds and to Issue Refunding Bonds, adop- ted by this Council on November 15, 1965, be, and it is hereby, rescinded. -5- 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 18th—. day of July , 1966 , by the following vote: AYES, and in favor thereof, Councilmen: Crosby-Diederichsen-George-Johnson-Martin. NOES, Councilmen: None ABSENT, Councilmen: None City Clerk of the City of burlingane APPROVED: Mayor