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HomeMy WebLinkAboutReso - CC - 049-1954RESOLUTION NO. 49 - 54 WITHDRAWING PROPOSED ORDINANCE OF INTENTION INTRODUCED JULY 19, 1954, RESCINDING ALL ACTION THEREUNDER AND ABANDONING ALL FURTHER PROCEED- INGS THEREUNDER WHEREAS the City Council of the City of Burlingame by Resolution No. �4<,-,S W adopted July 19, 1954 approved and adopted a Map theretofore filed with said Council which indicated the lands and easements necessary or convenient to be acquired for widening a portion of Rollins Road and opening and/or extending other roads described therein, and for constructing a drainage pumping station and enlarging a drainage easement described therein, under and pursuant to the Street Opening Act of 1903, as amended; said Map also indicating, by a boundary line, the territory pro- posed to be included in the Assessment District, to be assessed for the cost of acquisition of said lands and easements; and WHEREAS by said Resolution said approval and adoption of said Map was subject to examination thereof by the City Engineer of said City and any corrections or amendments thereof by him, such corrections or amendments to be thereafter approved by said Council; and WHEREAS, upon said approval and adoption by said Council of said Map by said Resolution adopted July 19, 1954, and at said meeting of said Council on said date, there was introduced before said Council, and read at length by the Clerk thereof, a proposed Ordinance declaring the intention of said City Council to order the improvements therein described, to wit, the acquisition of lands and easements necessary or convenient for widening a portion of Rollins Road and opening and/or extending other roads, therein described, for constructing a drainage pumping station and enlarging a drainage easement, under and pursuant to the Street Opening Act of 1903, as amended; said lands and easements to be so acquired for the purpose of constructing in connection therewith work and 1. improvements of the character mentioned in the Improvement Act of 1911, and under the provisions of said Act; and said proposed Ordinance declared that said proposed improvements, to wit, said acquisition of said lands and easements, were to be in accordance with said Map theretofore filed with said Council and approved thereby by said Resolution adopted July 19, 1954 and then on file with the Clerk of said Council; and said proposed Ordinance declared the cost of acquisition of said lands and easements were to be charged upon an assessment district and described the exterior boundaries thereof; and said proposed Ordinance declared that Notice was thereby given that the 16th day of August 1954 at the hour of 8 o'clock P.M. on said day and the meeting place of said City Council, in the City Hall in the City of Burlingame, had been fixed as the time and place when and where any and all persons having any objections to said proposed improvements may appear before said City Council and show cause why said proposed improvements should not be carried out in accordance with said Ordinance of Intention; and WHEREAS upon said introduction and reading of said proposed Ordinance of Intention, and at said meeting of said Council on July 19, 1954, upon request and advice of counsel appointed by said Council for said proceedings, said City Council proceeded to vote on said Ordinance and purported to finally pass and adopt the same by unanimous vote of the members thereof, said Ordinance being thereupon assigned No. 555; and WHEREAS said City Council is now advised by the City Attorney of said City and by said counsel that the action of said City Council in purporting to vote upon and finally pass said Ordinance of Intention was contrary to law, and that said Council was not vested with jurisdiction to finally pass the same at said meeting and its action thereon in that respect was a nullity, and 2. that the legal status of said proceeding is the same as though no action was taken by the Council upon the introduction and reading of said proposed Ordinance; and WHEREAS those members of the Council who introduced said proposed Ordinance have consented and agreed that the same shall be withdrawn and abandoned; NOW, THEREFORE, RESOLVED by said City Council that said proposed Ordinance be and the same is hereby withdrawn, and any and all proceedings heretofore had under said proposed Ordinance are hereby rescinded and further proceedings thereunder abandoned. H. KENT ATWATER MAYOR I, HERBERT K. WHITE, City Clerk, do hereby certify that the foregoing Resolution was introduced and passed at a regular meeting of the City Council held on the 2nd day of August, 1954, by the following vote: AYES: COUNCILMEN: Atwater-Love-Morgan-Rooth NOES: COUNCILMEN: None ABSENT COUNCILMEN: Byrd HERBERT K. WHITE CITY CIE RK 3•