Loading...
HomeMy WebLinkAboutReso - CC - 116-1965. W JM&L : K`IJ : gb 1.0%52/65 15C RESOLUTION NO. 116 -65 A RESOLUTION DETERMINING COMPLIANCE WITH DIVISION 4 OF THE STREETS AND HIGHWAYS CODE, AND DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS FOR IMPROVE- MENTS WITHOUT FURTHER PROCEEDINGS UNDER SAID DIVISION 4 BAYSIDE IMPROVEMENT DISTRICT NO. 3 RESOLVED, by the City Council of the City of Burlingame, California, that WHEREAS, a written petition for the construction of improve- ments by special assessment and assessment bond proceedings, and waiver under Division 4 of the Streets and Highways Code; for amended assessment and assessment bond proceedings; and for partial refunding, has been filed with the City Clerk of this City for the acquisitions and improvements hereinafter described; WHEREAS, the costs and expenses of said contemplated ac- quisitions and improvements and of the acquisition, cancellation and refunding of bonds are to be chargeable upon an assessment district, the exterior boundaries of which are the coterminous exterior boundaries of the composite and consolidated area as more particularly shown on a map thereof on file in the office of the City Clerk, to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in the assessment district and shall govern for all details as to the extent of the assessment dis- trict; WHEREAS, said proceedings are in whole or in ,part for the financing and improvement of streets and easements initiated under a contract entered into or• proposed to be entered into be- tween the Petitioners and the City of Burlingame pursuant to Section 11611 of the Business and Professions Code; WHEREAS, said acquisitions and improvements are more parti- cularly described as follows: 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 aux- iliary to any of the above and necessary to complete the same. WHEREAS, the bonds to be acquired, cancelled and refunded in said proceedings are those portions of bonds issued pursuant to the Improvement Act of 1911 to represent Diagram and Assess- ment Nos. 14, 15, 21, 22, 23, 24 and 25, levied pursuant to the Municipal Improvement Act of 1913 in proceedings conducted pur- suant 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 amendment of assessments requested in said petition; WHEREAS, the principal. amount of the amended assessments and bonds to be refunded is $14,768.73; WHEREAS, said Petitioners, pursuant to Section 2804.1 of the Streets and Highways Code, have submitted written evidence satisfactory to this Council that the total estimated amount of the proposed assessment will not exceed seventy-five per cent (75%) of the estimated fair market value of the land proposed to be assessed after the proposed public improvements shall have been constructed, and the Council is fully informed in the pre- mises; WHEREAS, said owners have furnished the City Clerk with their affidavit and any additional evidence which said Clerk may have required concerning the existence of mortgages or deeds of - 2 - trust thereunder, as required by Section 2804.2 of the Streets and Highways Code; WHEREAS, the public interest and convenience will be served by the taking of said proceedings; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED, that all of the owners of more than sixty per cent (60%) in area of the property subject to assessment for said improvements who appear to be such on the Assessor's roll on the day that said petition was filed, or•, in the case of transfers of land or parts thereof subsequent to the date upon which the last Assessor's roll was prepared, appear to be such on the records in the County Assessor's office which the County Assessor will use to prepare the next ensuing Assessor's roll, and as further defined in Sec- tion 2804.2 of the Streets and Highways Code, have signed and filed with the City Clerk a written petition for improvements pursuant to appropriate special assessment and assessment bond acts, without further compliance with the provisions of Division 4 of the Streets and Highways Code. IT IS FURTHER FOUND, DETERMINED and ORDERED that the total estimated amount of the proposed assessment will not exceed seventy-five per• cent (75%) of the estimated fair market value of the land proposed to be assessed after the proposed public improvements shall have been constructed. IT IS FURTHER FOUND, DETERMINED and ORDERED that said owners, as specified in Section 2804 of the Streets and Highways Code, have furnished the City Clerk with their affidavit and any additional evidence which said Clerk may have required, concern- ing the existence of mortgages or deeds of trust on that portion of said lands to be assessed which is for the financing and im- provement of streets and easements initiated under a contract entered into or proposed to be entered into pursuant to Section 11611 of the Business and Professions Code, and the names of any - 3 - mortgagees or beneficiaries thereunder, and said City Clerk has not required any additional evidence over and above said affi- davit and additional evidence referred to above, all in strict compliance with the requirements of Section 2804.2 of the Streets and Highways Code. IT IS FURTHER FOUND, DETERMINED and ORDERED, that said pro ceedings shall be had pursuant to the Municipal Improvement Act of 1913, and bonds upon the unpaid assessments thereof shall be issued pursuant to the Improvement Act of 1911. IT IS FURTHER FOUND, DETERMINED and ORDERED, that provi- sions of Division 4 of the Streets and Highways Code, other than those referred to herein, be, and they are hereby, dispensed with. 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 there- of held on the 15th day of November , 1965, by the folloi - ing vote: AYES, and in favor thereof, Councilmen: Diederichsen-George-Johnson-Martin. NOES, Councilmen: None. ABSENT, Councilmen: Crosby. City Cleric or the Ciof urlingame APPROVED: Vice -Mayor - 4 -