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HomeMy WebLinkAboutReso - CC - 065-1966RESOLUTION NO. 65 -66 A RESOLUTION AND ORDER ADOPTING ENGINEER°S REPORT, CONFIRMING THE ASSESSMENT, AND ORDERING THE ACQUISITIONS AND REFUNDING OF BONDS BAYSIDE IMPROVEMENT DISTRICT NO. 3 RESOLVED, by the City Council of the City of Burlingame, California, that WHEREAS, on the 18th day of July, 1966, this Council adopted its Resolution of Intention No, 44-66, to acquire improvements in said City and to order acquisition and cancellation of bonds and to issue refunding bonds, and referred the proposed acquisitions and refunding. to the Engineer of Work of said City, he being the officer having charge and control of the acquisition of improvements 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 of this City 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, said 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, includ- ing (1) maps and descriptions of lands and easements to be acquired, (2) plans and specifications of the improvements to be acquired, (3) estimate of costs, (4) diagram of district, and (5) an assessment according to benefits, 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 the purpose of all subsequent pro- ceedings under said Acts, whereupon said Council, pursuant to the requirements of said Acts, appointed Tuesday, the 6th day of September, 1966, at the hour of 8:00 o°clock P.M. of said day, in the regular meeting place of said Council, Council Chambers, City Hall, Burlingame California, as the time and place for hearing protests in relation to said proposed acquisitions 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 regularly 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, or to the extent of the assessment district, or to the proposed assess- ment or diagram, or to the maps and descriptions, or to the grades at which said work has been done, or to the Engineer's estimate of the costs and expenses thereof, or to the proposed refunding, file written protests with the City Clerk at or before the time set for hearing, and all persons interested desiring to be heard were given an oppor- tunity to be heard, and all matters and things pertaining to said acquisitions and said refunding were fully heard and considered by this Council, and this Council has acquired jurisdiction to order said acquisitions, 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 to 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 acqui- sitions as a whole, or against the district or the extent thereof to be assessed for the costs and expenses of said acquisitions as a whole, or as to the Engineer's estimate of the costs and expenses, 2 or against the maps and descriptions, or against the diagram or assessment to pay for the costs and expenses thereof, or to the pro- posed refunding of bonds. 2. That the plans and specifications for the proposed improve- ments to be acquired, contained in said report, be, and they are hereby, finally adopted and approved as the plans and specifications to which said work has been done as called for in said Resolution of Intention. 3. That the Engineer's estimate of the itemized and total costs and expenses of the improvements to be acquired, 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 Engineers total and,detailed estimate of the costs and expenses of said acquisitions and said refunding. 4. 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. 5. That the public interest and convenience require, and said Council does hereby order the acquisition of the improvements and the refunding 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, reference to which is hereby made for a more particular description of said acquisitions 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. 6a That the diagram showing the assessment district referred to and described in said Resolution of Intention, and also the bounda- ries and dimensions of the respective subdivisions of land within said district 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 3 diagram of the properties to be assessed to pay the costs and expenses of said acquisitions and improvements. 7, That the district benefited by said acquisitions and to be assessed to pay the costs and expenses thereof and the cost of the acquisition, cancellation and refunding of bonds, and the exterior boundaries thereof, is 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 said refunding. 8. That the assessment of the total amount of the costs and expenses of the proposed acquisitions 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 said refunding, and of the expenses incidental there- to, 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 refunding. 9 That the 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 Super- intendent 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 thereof; and that said Superintendent 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. 4 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 _ 6th ___ day of f September 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 13uriingame APPROVED: Mayo