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
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