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RESOLUTION NO. 3 -64
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT,
CONFIRMING THE ASSESSMENT AND ORDERING THE WORK
CALIFORNIA DRIVE STREET LIGHTING PROJECT
RESOLVED, by the City Council of the City of Burlingame,
California, that
WHEREAS, on the 3rd day of September, 1963, said Council adopted
its Resolution of Intention No. 74-63 to construct public improvements
in said City, and referred the proposed improvements to the City
Engineer of said City, he being the officer having charge and control of
the construction of improvements in and for said City of the kind de-
scribed in said Resolution of Intention and being a competent person
appointed by said Council for that purpose;
WHEREAS, said Council thereby directed said City Engineer to
make and file with the City Clerk of said City a report in writing in
accordance with and pursuant to the Municipal Improvement Act of 1913;
WHEREAS, said report was duly made and filed with the City Clerk
of said City, whereupon said Clerk presented it to the 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 Act, including (1)
plans and specifications of the proposed improvements, (2) estimate of
costs, (3) diagram of district, and (4) an assessment according to bene-
fits, all of which was done in the form and manner required by said Act;
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
Act, whereupon said Council, pursuant to the requirements of said Act,
appointed -Monday, the 6th day of January, 1964, 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 improvements, and directing the City Clerk of
said City to give notice of said hearing as required by said Act;
WHEREAS, it appears that notices of said hearing were duly and
regularly posted, mailed and published in the time, form and manner re-
quired by said Act, as evidenced by the affidavits on file with said
City Clerk, whereupon said hearing was duly and regularly held at the
time and place stated in said notice; and
WHEREAS, n„o persons interested, objecting to said improve-
ments, or the extent of the assessment district, or to the proposed
assessment or diagram, or to the grades at which said work will be done,
or to the Engineer's estimate of the costs and expenses thereof, filed
written protests with the City Clerk of said City at or before the time
set for hearing, and all persons interested desiring to be heard were
given an opportunity to be heard, and all matters and things pertain-
ing to said improvements were fully heard and considered by said
Council, ranuary 6 1964 and said
Council has acquired jurisdiction to order said improvements and the
confirmation of said diagram and assessment to pay the costs and ex-
penses thereof.
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 improve-
ments as a whole, or against the said district or the extent thereof
to be assessed for the costs and expenses of said improvements as a
whole, or as to the Engineer's estimate of said costs and expenses,
or against the diagram or assessment to pay for the costs and expenses
thereof.
2. That the district benefited by said improvements and to be
assessed to pay the costs and expenses thereof, and the exterior bound-
aries thereof are more particularly described in said Resolution of
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Intention and made a part hereof by reference thereto. That all public
streets and highways within said assessment district in use in the per-
formance 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 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 improvements, and of the incidental expenses in
connection therewith, contained in said report, be, and it is hereby,
finally adopted and approved as the Engineer's total and detailed esti-
mate of the costs and expenses of said improvements.
5. That the public interest and convenience require, and said
Council does hereby order the improvements to be made as described in
and in accordance with said Resolution of Intention on file in the
office of the City Clerk of said City, reference to which is hereby made
for a more particular description of said improvements, and also for
further particulars pursuant to the provisions of said Municipal Improve-
ment Act of 1913
6. 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 improvements.
7. That the assessment of the total amount of the costs and ex-
penses of the proposes improvements upon the several subdivisions of
land in said district in proportion to the estimated benefits to be re-
ceived by said subdivisions, respectively, from said improvements, and
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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 improvements.
8. That said Engineer's report be, and the same is hereby,
finally adopted and approved as a whole.
9. That the City Clerk shall forthwith deliver to the Superin-
tendent 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 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.
10. That said Superintendent of Streets, upon the recording
of said diagram and assessment, shall mail to each owner of real prop-
erty within the assessment district at his last known address as the
same appears on the tax rolls of the City or on file in the office of
the City Clerk of said City, or to both addresses if said address is
not the same, or to the general delivery when no address so appears, a
statement containing a designation by street number or other descrip-
tion of the property assessed sufficient to enable the owner to identify
the same, the amount of the assessment, the time and place of payment
thereof, the effect of failure to pay within such time, and a statement
of the fact that bonds will be issued on the unpaid assessments pur-
suant to the Improvement Bond Act of 1915, the last installment of
which bonds shall mature not to exceed fourteen (14) years from the
second day of July next succeeding ten (10) months from their date.
11. That said Superintendent of Streets shall also give notice
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by publishing a copy of a Notice to Pay Assessments by three successive
insertions in the Burlingame Advance Star, a newspaper published in
said City, that said assessment has been recorded in his office, and
that all sums assessed thereon are due and payable immediately, and
that the payment of said sums is to be made thirty (30) days after the
date of recording said assessment, which date shall be stated in said
notice, and of the fact that bonds will be issued upon unpaid assessments
as above provided.
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
G,1-h day of January , 1964, by the following vote:
AYES, and in favor thereof, Councilmen:
Crosby=Diederichsen-George-Johnson-Martin
NOES, Councilmen: None
ABSENT, Councilmen: None
APPROVED:
Mayor
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