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.
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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.
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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
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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
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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-
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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.
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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
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