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HomeMy WebLinkAboutReso - CC - 085-1964that RESOLUTION NO. fC -64 A RESOLUT1014 ORDERING CHANGES AND MODIFICATIONS BURLINGAME AVENUE AREA OFF-STREET PARKING DISTRICT RESOLVED, by the City Council of the City of Burlingame, California, WHEREAS, on the 20th day of January, 1964, this Council adopted its Resolution No. 13-64, a Resolution of Intention to Make Changes and Modifications, wherein it did declare that the public interest and convenience required and that it was the intention of said Council to order certain changes and modifications therein particularly described, in the proceedings being conducted pursuant to Resolution of Intention No. 27-62, adopted by said Council on May 19, 1962, as modified; WHEREAS, on the 17th day of February, 1964, said Council adopted its Resolution No. 37-64, wherein it did declare that it intended to order certain additional changes and modifications in the proceedings being conducted pursuant to said Resolution of Intention; WHEREAS, on the 6th day of July, 1964, said Council adopted its Resolution No. eV¢ -•64, wherein it did declare that it intended to make certain additional changes and modifications, more particularly therein described; WHEREAS, pursuant to each of said resolutions, notice has been duly given of the time and place when and where said Council would consider and finally act upon the matter of making said changes and modifications, and when and where it would hear all persons and protests in relation thereto; WHEREAS, persons interested appeared and filed written protests against said proceedings and against certain parts thereof, expert testimony was received from the City's consultants and staff, and all persons desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said changes and modifications were fully heard and considered by this Council; WHEREAS, said hearings were continued from time to time and addi- tionaltestimony and evidence was heard and considered at said continued hearings; said matters have been fully heard and considered and the hearings have been closed; and the Council has acquired jurisdiction to order the specific changes hereinafter set forth. NOW, THEREFORE, IT IS DETERMINED and ORDERED, as follows: 1. That all protests and objections be, and they are hereby, overruled. 2. The plans and specifications, cost estimates, maps and descriptions of property to be acquired, and the assessment diagram are hereby modified to delete the acquisition and improvement of the following lots and parcels of land within said assessment district: a) Those portions of proposed Parking Lot E described in the Engineerts Report as Parcel 6E and Parcel 1E; b) The proposed 10-foot pedestrian lane to proposed Parking Lots K and L from Burlingame Avenue, consisting of the northeasterly 10 feet of Lot 7B, Block 1, Town of Burlingame; c) That portion of proposed Parking Lot G described in the Engineer's Report as Parcel 1G. 3. Change and modify the assessment and diagram to assess the parcels ordered eliminated in paragraph 2 of this Resolution, with their proportionate share of the cost of the project in proportion to benefits, at the same rates as the other properties assessed; provided, that the owners of said parcels shall be given the opportunity, during the 30-day period following the recordation of the Supplement to Assessment against said parcels, to apply for credit for existing -pak,i,facilities, in the same manner as other properties within the district. 4. Change and modify the assessment by increasing the total amount thereof by $167,820.44, and to assess the amount of the increase against all benefited properties in the assessment district, including the properties hereinabove deleted, in proportion to the original assessments as confirmed by this Council. 2 5. Change and modify the amount of the City contribution to increase it by $83,910.22. 6. The Engineer of Work is hereby directed to make such changes on the face of his report, and to make the changes in the assessment roll by filing a supplement thereto. Said supplement is hereby levied, approved and confirmed. 7. All of the territory within the district as originally formed, including the parcels ordered eliminated from the proposed assessment district and ordered assessed herein, will be benefited by the acquisitions and improvements after said eliminations, and the assessments have been spread in proportion to benefits. 8. The attorneys for the City are hereby authorized and directed to dismiss any eminent domain proceedings as to any of the parcels eliminated herein, without prejudice. 9. The Engineer of Work is hereby directed to present the Supplement to Assessment with the modified diagram thereto attached, to the City Clerk, who shall certify to the confirmation of said supplement by the City Council this date, and shall thereupon record said supplement in the office of the Superintendent of Streets of the City, who shall append his certificate of the date of such record- ing, and such recordation shall be and constitute the supplement to assessment herein. 10. That said Superintendent of Streets, upon the recording of said supplement to assessment, shall mail to each owner of real property 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, or to both addresses if said address_3.s__not the_ same, or to the general delivery when no address so appears, a state- ment containing a designation by street number or other description of the property assessed sufficient to enable the owner to identify the same, the amount of the supplement to assessment, the time and place of payment thereof, the effect of failure to pay within such 3 time, and a statement of the fact that bonds will be issued on the unpaid supplement to assessment pursuant to the Improvement Bond Act of 1915, the last installment of which bonds shall mature not to exceed twenty-four (24) years from the second day of July next succeeding ten months from their date. 11. That said Superintendent of Streets shall also give notice by publishing a copy of a Notice to Pay Supplement to Assessment, by three successive insertions in the Burlingame Advance -Star, a newspaper published in said City, that said supplement to 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 supplement to assessment, which date shall be stated in said notice, and of the fact that bonds will be issued upon the unpaid supplement to assess- ment 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 . 6 -1 day of 1964, by the following vote: AYES, and in favor thereof, Councilmen: Crosby-Diederichsen-George- Johnson-Martin NOES, Councilmen: None ABSENT, Councilmen: None APPROVED: /S/ R. D. Martin Mayor /S/ Herbert K. White City Clerk of t e City o Burlingame 4