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HomeMy WebLinkAboutReso - CC - 010-1963WYJ&MrS 9/12/62 RESOLUTION NO. 10-63 A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS BURLINGAME AVENUE AREA OFFSTREET PARKING DISTRICT RESOLVED, by the City Council of the City of Burlingame, Cali- fornia, that WHEREAS, on the 19th day of May, 1962, said Council adopted its Resolution of Intention No. 27-62 to acquire and construct public improvements in said City and referred the proposed acquisitions and improvements to the Engineer of Work of said City, he being the officer having charge and control of the acquisition and construc- tion 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 said City a report in writing in accordance with and pursuant to the Municipal Improvement Act of 1913; WHEREAS, pursuant to Resolution No. 32-62 of this Council, a Resolution of Intention to Make Changes and Modifications, adopted June 18, 1962, said proceedings being conducted pursuant to said Resolution of Intention were duly modified, after due notice and hearing thereon, by Resolution No. 39-62, a Resolution Ordering Changes and Modifications adopted July 2, 1962; WHEREAS, said report responsive to said Resolution of Intention, as modified, 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, includ- ing (1) maps and descriptions of lands and easements to be acquired; (2) plans and specifications of the proposed improvements, (3) esti-- mate of costs, (4) diagram of district, and (5) an assessment accord- ing to benefits with credits for existing parking pursuant to appli- cation therefor, as provided in said proceedings, all of which was done in the form and manner required by said Act and said proceedings, as modified; 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 Wednesday, the 12th day of September, 1962, 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 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 required by said Act, 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, persons interested, objecting to said acquisitions and improvements, or to the extent of the assessment district, or to the proposed assessment or diagram, or to the maps and descriptions, 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 hear- ing, and all persons interested desiring to be heard were given an opportunity to be heard, oral and documentary evidence was introduced and all matters and things pertaining to said acquisitions and improvements were fully heard and have been fully considered by said Council, said protests have been overruled, and said Council has acquired jurisdiction to order said acquisitions and improvements and the confirmation of said diagram and assessment, as modified, to pay the costs and expenses thereof. 2 WHEREAS, additional applications for credit for existing parking have been received and the resulting credits computed by the Engineer of Work, and certain additional changes in the assessment and diagram, as recommended by said Engineer, have been ordered by this Council; 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 (exclusive of that portion to be contributed by the City) did not, at or prior to the time fixed for said hearing file written protests against the said proposed acquisitions and improvements as a whole, or against the said district or the extent thereof to be assessed for the costs and expenses of said acquisitions and improve- ments as a whole, or as to the Engineer's estimate of said costs and expenses, or against the maps and descriptions, or against the diagram or assessment to pay for the costs and expenses thereof. 2. That the district benefited by said acquisitions and improve- ments and to be assessed to pay the costs and expenses thereof, (ex- clusive of that portion to be contributed by the City), and the exterior boundaries thereof are more particularly described in said Resolution of Intention, as modified, 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 improvements. 3. All of the property within the exterior boundaries of said district as described in said Resolution of Intention, as modified, will be benefited by the proposed acquisitions and improvements and by being included in said district; no property outside of the boundaries of said district as so describe A be b n'fited; and said assessment, as modified, upon the several subdivisions of land in said district is in proportion to the benefits to be received by such subdivisions, respectively, from said acquisitions and improvements. Q u '11.� 4. That the plans and specifications for the proposed improve- ments, contained in said reporter an��hey 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, as modified. 5. That the Engineer's estimate of the itemized and total costs and expenses of said acquisitions and improvements, and of the incidental tEs4 expenses in connection therewith, contained in said report, be, d it is hereby, finally adopted and approved as the Engineer's total and detailed estimate of the costs and expenses of said acquisitions and improvements. 6. That the maps and descriptions of the lands and easements to ott be acquired, as contained in said report14 be, a d the same are hereby, finally approved and confirmed. 7. That the public interest and convenience require, and said Council does hereby order the acquisitions and improvements to be made as described in and in accordance with said Resolution of Intention, as modified, on file in the office of the City Clerk of said City, ref- erence to which is hereby made for a more particular description of said acquisitions and improvements, and also for further particulars, pur- suant to the provisions of said Municipal Improvement Act of 1913. 8. That the diagram showing the assessment district referred to and described in said Resolution of Intention, as modified, 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 said Resolution of Intention, as modified, each of which subdivisions having been given a separate number upon said diagram, as contained in said report, as modified, be, and it is hereby, finally approved and con- firmed as the diagram of the properties to be assessed to pay the costs and expenses of said acquisitions and improvements. 9. That the assessment of the total amount (exclusive of the City contribution) of the costs and expenses of the proposed acquisitions and improvements upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by said sub- M1 divisions, respectively, from said acquisitions and improvements, and of the expenses incidental thereto, contained in said report, as modified, ingluding the amounts of credits against some of the assessments for existing parking, as computed by the Engineer of Work pursuant to the applications of the owners thereof 'Abe, and the same is hereby, finally approved and confirmed as the assessment to pay that portion of the costs and expenses of said acquisitions and improvements not being contributed by the City. 10. That said Engineer's report, as modified, be, and the same is hereby, finally adopted and approved as a whole. 11. That the City Clerk shall forthwith deliver to the Superin- tendent of Streets the said assessment, as modified, together with said modified 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. 12. That said Superintendent of Streets, upon -the recording of said diagram and 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 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 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 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 twenty-four (24) years from the second day of July next succeeding ten months from their date. G 13. That said Superintendent of Streets shall also give notice 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 23rd day of January , 1962, by the following vote: AYES, and in favor thereof, Councilmen: Crosby, Johnson, Lorenz, Martin, Morgan NOES, Councilmen: None ABSENT, Councilmen: None APPROVED: Mayor City Clerk of the City 6f Burlingame 0