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HomeMy WebLinkAboutMin - CC - 1949.02.0728 3Hl*ff5: i;l;"'",'' A regu!-an meetlng of the Burlingqtr? Clt{ Cor:nci1 rras held on the .to"8 ei"." drt"I Heetlng cal1od to order at 6:15 p'n' - uayor Siraonds ln the Chair. I(o11 ca]1; present - Counci lmen: Dahl-Harper-Hunt-Love-Slmonds Absent - CouncLlmen: None The mlnutes of the regular meetlng of Janua rXr 1'7, 1949-, as sub- nitted to C ourcll mem6e rs and as posted on the Bu3.letln Board wene acceptea as rendered to the councLl menbers on motion of council- man baU1, soconded by C or-:,c1Iman Harlrer, and *nanlnously carrled' The mlnutes of the special meeti ng of Janua ry 21, 1949, as sub- ndttad to Cor:nci1 nehbers and as posted on ttre Bullst1n Board trere approvod and accepted on motlon of Councihun khJ., seconded by C-ounc tlman Love, and 'xranimously carrLed. llonday, Febrr:ary 7, Lg4g, at 8:OO orclock-p.rn.l .1., th"- Clty Ha1I, BunlliEane, was-the time set fo:: the openlng of tlreed Abatement bldst as adv6rtlie t1. The City C1erk opsned and read the followlng blds: B & D Trucklng Servico, 27A Frarklln Street; San &ancisco,eelifomLa 1. Unit prlce per 1ot, per dlsklng, S7.5O2. On thi }arger parceli $8.oo per hour C. J. Slrms Co., ].337 Capuchino Avenue r Burlingame, callfornia 1. $S.oO per 1ot, double disked2. $7.oo por hour CouncLlnan Har?er moved that the contract be ar.rarded to C. J. Sl:,tns Co. and that the i\iay or be authorized to execute the contract acco:rd- 1ng to the proposal submitted, f or, and ln behalf of, the Clty of Burl lngame, seconded by Counci lman Dahl, and unarrinousl-y carrled. A letter datod Janua y! 28,1949, nas read f r:on J. ii. Coleberd, at- torney representing E. J. Roussey and Jean Roussey, vrho desLre to subdlvlde Lots 4 and 5, BLo ck 22, Ilaston Ad.d.ition to Burllngame }io.2, and requesting that the applicatl,on be set for lrearing. CouncLl- man }Iunt rooved that Februarl' 28, 1949, I otclock p.8., be set as thetlrre for a hearing on the appllcation to subdlvide the above mentioned1ots, and that the City Clerk be instructed. to proceed ln the 1egaI manne!? to notlfy property onners wLthln the r€qulred dlstance, soconded by Councilnan Dahl and r:rranlmously carrled. A petitlon, s ubmltted and si g,rred by property or'ryre rs of Blocks 1O and 11, Burllngame Land Co..Subdlvision, r'ras presented a.rrd read, petitlon-lng the Council to lnl-tiate and prosecute the public improvements necessarT to l;iden O:apin Avenue betrieen Prlmrose Road and E1 Caml-no Real . Councll''ran Hunt noved tirat the subject be referred to the Clty Attomey in order that he present the I,- gal method that v111 establ-lish the proper procedure ror the completlon of tbe no rk relatlvo tothe lmprrcvenent on Chapin Avenue, and the Clty Clerk be lnstructedto notlfy the owners in that particulan sectlon of Chapin r,'venuo oftbe 1ega1 procedures necessarTr and the course of e,ction to be taken, seconded by C ounci lman DehJ., end r.rlaninous Iy carrled. A letter dated Janua W 29, 1949, vas rea Planning Conr:nlssion, advislng that the S pany was deslrous of seeking per:aission Avonue unde 13 mously voteda portlon ofthe entlre s o rd.Lnance of fnon the Burlingarae Clty F ranc i s Inve str:rent Com- r,riden 558 feet of Chapin tho Cor;u, i s si on had unanl- -a private contract, and the dt.to + not to reco:rmend. the g r,ant ing of the request to lll den Chapln Avonue, but rathe r that the widening proJect fortreet shoul-d. be carrl-e d out at .;one time i-rnde r properthe Ctty Council. C ouncilman rbhl- aoved that the CounclJ.concur ln the rgcoaliendation of the Pl-anning Corruri s si- on, seconded by f,sunqi lmen Harpe r, and unanlmously car.rled. The Cily Clerk wasinstructed to advj-se the St. Francls Inve streent Company that the o$.mo rs of Chapin Avenue have petltioned the Council for the uidenlngof the entire street from Primrose Road toEl Camlno and that plans voul-d be initlated soon to complete the I-mprovenent. r 29 A letter <iated Janua ?y 29, l-949, was read from the C11'y Plarunlng Com- misslon advisins the Counbll of the applleation recelved from the Paciflc Tel-ephone anC Telegraph Company request!.ng pernl.ssion to erect a fence, improve tle appearance, and. provide parklng area for that companyts vehicles on the vacant 1ot adJolning iheir bulldlng on Burllneane avenue, and that the Flanning CommLssion recomnends the granting of the request. Councilnan liarper noved that tbe Council concur in the re co:;utendatlon of the Planning Commi-sslon ancl that the Paciflc Telephone and telegraph Com- pany be granted pe rnrl s slon as requested, seconded by Councilnarr Hunt, 1and unanimousIy carrled. A commrxrlcatior:, <iated Jairuary 5l-, 1949 r iras read f rom the League c.f Cali fornia intro <iuce d remaLning i corrntie s, tosent to the Burlingame t regarding a ance, Iayor Cities, advising the.t Asser:b1y Bi;I 1Io. 1719, ",iri ch has been in i;he Legislature, liould transfer el1 unprograiltne d ncney n the chapter 20 (S9oro,!orooo) approprl-atlon, from cltl-es and the state General &::rd, an<i reque sting that a stater:ient be Le ague of Ca liforriia Cities edvislng jus s plans are vrith respect to this unspent pubIlc viorks proplrarn. For the beneflt o Simonds stated thert the Clty Engineer ha to comply wlth the request and subnl,t the infornetl cn to the League of Califormia Citles as we]1 es to the Councl1. Iriayc r Sfuonds further stated that the amount aLlocated to tite Ctty of Burl ingame ls not knownet this time. tt ba1 ftsb hat the ulty of ance and of plans hose in attend- een instrrrcted A letter dsted January 15, 1949, ries read from Chtef of rolice R. C. Theuer, Ldvi slng that fol1ovting a trafflc survey lt l',as iti s recomienda-tion that 1. Stops signs be erected on the evenues enterl-ng Oak Grove avenue, theneby doclarln6 Oak Grove Avenue e completeartery from the Bayshore Servlce Hcad to gI 0anlno r(real. 2. The parklng of vehi.cles be ellminated en the eas-l sLde of Cal lfornla Drive fnon Broadray north to rfufferin Avenue. Counel-lman Dahl stated tbet 1n his oplnlon both recomoendations rua de by Chlef Theuerp should be concumed 1n. Cor:ncl lman r,ove stated that tnhis oplni,on the Councl]- should study the sLtuation further as there we r€a nuube r of automobile s ln that viclnity of Ca.EforrrLa Drlve and parking would be a problem for the resldents. Clty Attorney Ilarme 1 stated thatthLs subJect had been discussed considerably at the last Plannlng Com- zdssion meeting, and that that Cormission r,ras glving ti:ought to com- municatS.ng yrith the Public UtlLitles Conrr.risslon of San F rancisco in aner-fo::t to ascertaln yrhether 1t wer€ possible to,.oooperate rvlth the Ctty and grant the Clty permLsslon to use that portlon of thelr rig'Jrt of L'ray no rth and scuth of Broadway, er. s 1o46 as that aI'ea vras not in use. }lr.Karuol further suggested that the uouncll hold the riatter ln abeyancependlng a report from the Planning Commlssion. i'iayor Slmon<is statedthat lf thore vrere no objectlons the subject would be referred to theStreet Conmlttee cf the Council to meet uith the Planning Commisslonr the Chlef of !o11ce, for a dlscusslon and tirat a recommendeition there-after be submitted to the Clty Council. Councilnan DahI uoved- that theCouncil concur in the flnst.l i'ecoiuuerldatlon rnade by Chief Theuer andauthorlze the ilecessary .proOsdure lvhich rvoul.d make Oak Grove a compl-eteartery from Bayshore ServLce Road to )1 Car,tno Hea1, and that the CttyAttcrney be instructed to draft an ordlnanee pertalning theteto, seConded by Councilma.n Hunt, and unanimously carrled. A Letter dated January 51, 1949, vas r€ad fron R. C. Theuor, Chlef ofPollce, reporting favorably on an investig.tlon me de by his departnentrolative to the appJ-l catlon made by rrlrliam l.Jervsharn, 515 Almer Roadr Burlingame, to operate a used car Lot at 125 Carlfornia Drive. CounciJ.-oan Dahl moved that Mr. Nervsham be granted a perrnlt and J.icense to operate the used car l-ot, seconded by Councilman Harper, and unanimous-1y carried. A letter dated Janua4y 31, 1949, v,as read from the $an i,iateo Cr:unty irlanning Cormisslon, requesting CorrncLl r€rrctlon to a proposal to pro- vLde for a pistol and rlfle range on ctty land at San I'iateo .Polnt. AIotter was read a1.so ;rou Lt. Lavrronce F\-irl o of the Burlin6arre .Police Depa-rtment advising the Councl1- cf his inter.est in the proposed project and offerlng hls ald, as well as that of ii. S. lLtch, a raenber of the San triateo County F1a),ning Commi.ssion, in answering any questions tbat might arlse. The r.e being no objection, the co:anuni cati ons lvere referred I 30 to the lolice Co:aittee of tbe Council, the GhLef of Po1lce, and to hIr. Fltch for further study arrd a recommendation presented thereafterto the Clty Councll prlor to any action taken. A l-etter dated l'ebruary 5, 1949, vr:.s read. from the Burli-ngame Board ofFlre Conmissloners, reconrnending tbat clty o,"jned pncperty adjolning the Elre Station on Callfornia Drlve b6 excopted from Fl r.e Zone ii2 7n order that a drll-I tower of frame construction, four storles in height,night be constnrcted. C,or:ncl lnan Love moved tirat the coranunicatlon bereferred to the Clty Attorney y.lth instructlons to prepare an ordln- ance excepting the pr,operty from Fire Zono ii2 as requestdd, seconded by Councllman ilunt r and unanimously caried. A letter d.ated Janua ry 13, 1949, r.ras read f rom the tlde iiater Assoclated OiI Company, reque sting permlssion to lnstall one 2rOilO gallon under- Bround. gasoline s torage tank of Service Station #316, located at i:,1 Canino Rea]- and Park iload.. A Letter Iras read elso from Plre Chlef Leisr reiconmending that permission be granted. as requested. Cor.rnci lnran uah3. thereupon moved that the Tlde irater Associated Division be allowed tolnstall the unde rgrould gasoline storage tank as requested in thelr coenaunication, aeconded by Csungi lnan Harper, and unanimously carrleo. A letter dated Januery Zti 191r9r rias read. I'rom the Burllngame Vl-Llage Improvement C1ub, expresslng the thanks and appreciation of the Clubfor the excell-ent y/o rk done by the Fire Department in reVlvlng thevery 111 daughter of i;ir. and l;irs. Car]- Kerns, 11C5 Ltul'r'e rin Avenue, Burl-ingame. A letter r.ias al-so read f rom I{r. and lr1r.s. Carl lie rrrs ex- presslng thelr slncer€ gratl-tude to Chlef LeLs an<i the entire depart- ment and particularly to Joe AlLamus, lid Audeodr Ed i{att, and l,arry ltlorehead. Councllnan Dahl moved tlrat the letters be recelved andplaced on f1Ie, and compllmented the irlre Departs.ent on the excel].ent assistance rendered. C ounc l]man }iar?er stated thet the First Ald Squad should b6 hlgh1y pralsed for the services the:-ppreciation should be shown by forv/arding a rhe Squad and to the Chlef of the Depart:rent.ther suggested that the present Council creat system and when men go beyond the tour of dutacts th6y be awarCed nerlt credlts or a promo man Love seconded Councllnan Dahlls motLon an re pe rforrring and properter to each menber of or.rnc ihian Iiarper fur-meritorious service ..'n pe rf orning herolcn in positLon. CounclJ.- eque sted that the va. iet eayl tlo dr motLon include an lnstructlon to the Clty Clerk that the coreunlcations be aclneowle dgecl by thanking the wrlters for their expressions of appreci-ation and thet each member of the Flrst rild Squad be sent a letter ofappreclatlon oD beha]-f of the Clty of Bur]-lngsme and the Clty Council. Tbe motlon was unanimously carrled. I'layor Simonds suggested thet tt mlght be apprcprlate for the Clty Councll to rlake one or trvo annual awards for outstandlng service at the sane tirre that the annual Flre and Police Lnspections are he1d. A letter dated Febrr:.a ry 2, 1949, vras read from Virginla and Eugene Duke Mater requestlng permisslon to operate a Day Nursery for chl-ldren ofpre-school age, at theLr residence, B5O Acacia Drlve, Burllngame. The corunr:nLcatlon rras referred to the .t"Ire Chlefr the Building Inspector, and the liealth Department for investlgation and report to the Clty Councl- 1 . Reports were read. f rosr tbe Burllngame Fire Department for tbe perlod July, 1948, through December, 1948, and i'ron the lollce Judge for tbe month of JenualXr, 1949. Resolutlon No. 8-49, entLtled PROVTDING FOB TIIE ISSUAI{CE OF $17OrOOO.OO PRIIiCIPAL AM,JUNT OF CIry OF BU?IIXGAME GET.IE1iAL OBLIGATION FIAE }EOTECTION BONDS OF 1949; PBOITIDII{G FOR THE ISSUANCE OF SAID BO1TDS AS 'ISERIES B;'' PNESCruBING EEE AtrOI'IIf, DATE AND FOR}I OP SAID NSERTES BN BOIiDS AND OF T}IE COUPO$S TO BE ATfACHED TIiEmTo, Alfil PBESCffBING THE IiIATURITIES TEEflEOF, FIXTNG TIIE },lAXfMUd AI,IOIIM OF I]II'EmST OF SIJ i) BoNDSi eUtgOnrZrrVC Tml EIGSUTION OI'SAID BoIIDS AND @UPONS; PROVIbING FOR TIIL] LEVY OF A TAX TO PAY TIIE PRI}ICIPAL ANl) INTEREST OF. SAID AUTi]ORTZED ISSIIE; AND DECI,ARING NOTICE Otr' SAID 5ALE OF I'SEEIES BII BONDS TO IJU GIVEN linEREAS, all the requlrerrents of- lav, tlave be€n c oEplled vrith ln cap:-ne tnd irolding the Spec ia1 Bond Elect1on held in the Cl-ty of 31_ Burllngame on December 7 , 1948, a t ''nhi ch election the proprrsitlon toissue bonds of s&ld clty in the principal sum of SlTOrOuO.oO for the obJocts and purpo ses he r€lnafter stateal, was submj.t ted to the voters ofsald clty; and the Clty Councll of s aid City dul-y and. reguJ.arly can- vassed the returns of sald electlon and as a resuLt of s uch canvass determined r.nd d.eclared, that the said proposition receivod, r.t said Speclal Bond E1ectlon, the affirmative vote ol' x ore than tvo-thirds ofall the voters votlng at sald. e)-ectlon and w-s the reby' carrled and adopted.by sald election, and the lssuance of al.l saic bonds by sai d CLty vras du].y authorl zed; N01'J, lmREFOnE, BE IT BESOLVED by the Clty Council of the Clty, of Bur.linga'ne as foJ-lorvs: SECTION 1- That all of the acts , conditlons and things required by 1awto exlst, happen and be performed precedont to an<i in the lssuance of sald bonds bave existed, happened and been performed ln dre t j-me, fonn, and :iunner, as requlred by ]aw, and sald City of Burllngame i s no-rr authori zedpursuant to each and every requlrement of lavr to incur indebtedtess ln the mann€r and forn as ln thls resolutlon provided. 9ECTIOX ? - Tfrat the bonds of the Clty of Burllntame in the aggregate p rTi-i pal amount of $uorooo.oo to be laeovrn as"city of Bs11i1g"ne Gener.alObllgation !-1re Protection Bonds of 1949tr shal-J- Issue to pay the cost ofthe acquisltion, constructlon and conpJ-etLon of' the follorving mrni clpal lmprovenent of said Cli;y as set forth in the follorlng propoaitaon, to-vlt: Shal1 the oity of Burlingame incur a bonded' lndebtedless in theprinclpal amouat of (,170rO0O.OO in accoroance y{ith the provisions of the Ordlnance calalng the electlon at rzhlch thls proposltion 1s submLtted., for the object and purpose of acquirlng, constructing, and cpmpleting lmprove-nents to the facllitles of the Flre Departrnent of the Clty of Burli.ngamein the following respects; The acquLsition of a nev,r fire station to house equlpment and d epantment porsonnel and the construction and completion ofa Dri11 TovJeri the purchaso and acqulsition or flre equipment, the con- stnrctLona nd comple tion of a dd-itlons to the princlpal fire al-arm aystemof the Clty of Br:r1lngano ? qEqTIoN q - Sald $17OIOOO.OO principal amount of s aid bonds shalI be i sffi-e, reinafter set forth and shall be soId. ln accordance irith larlat not less tharr thelr par value and &ccrued lnterest. Said bonds ofauthorlzed lssue shall be deslgnated General Obllgatlon Flre Protectj.on Bonds of 1949, rrseries Brrr shall be negotlable in foru and of the cbar-acter knovm as serlal and shalI be 17O in nu:rber, nunbered consecutr,vel-y from 81 to B17O, both incIuslve, of ttto denomlnetl,on of one thousand ( $1,OOO.OO) do1.lars each. Sald b onds sha11 be dated Apnll 15, 1949(whlch ls hereby flxed and detemined to be the date of lssue of daid 'rserles Brr Flre Protection Bonds). All of sald bonds shafl bear" lnterestfrbm thelr date unt1l pald at the rate, or rates, designated by the CityCouncll of the City of Burllngame at the t1re of ttre sale of sald bonds,but not to oxceed thrse (5) per cent. per annrun, payable seml-annuai]-y. Such lnterest shalI be evldenced by coupons attachod to each bond, and each of said coupon sha11 represent slx rnonths I interest on t,tre bond lowhlch it ls ettached. Sald coupons shall bepayable on the 15th day ofAprtl and the 15th day of October in e ach yeir ''-rntil and at the respec-tlve dates of meturlty of sald. bonds (the first coupon of each bond represeatLng lnte:rest frorl April 15, 1949 to Octoben 15, 1949). Said bonds sha11 mature end be payable in consecutlve numeri cal order from Lower to hlgher, as foIlows, to-vl-t: $tOTOOO.OO prlnclpal amount of bonds shalI maturo and be payable on AprtJ- 15 each of the years 195O to 1963,both lncl-uslve . $ Srooo.OO pr{ncipal arDunt or' bonds sha1l maturo and be payablo onApr{.I 15ln eech of the years 1964 to 1969,both inclusLve. Both the principal of snd the interest of sald bonds sha]1 be payableat the offlce of the Treasurer of the City of Burllngane 1n the ulty Hall_at sald Cily of Burlingame, Ca 1i-f ornJ.a, in J.awfu} moiey of the Unlt;dStates cf Amer{. ca. .)o.)u SECTION 4 - Sald bonds shall be substantlell y in the f ol-Loulng forn, the bl-anks in sal d f orm and ln t he form of coupons given belovr to t'efllled with appropriate words or ilgures, namely; UNITED STATES Otr' ANiERICA STATE OF CALIFOM'IIA COUNTY OF SA] MATEO CITY OF BUF,II{GA!tr GENERAL OBLIGATION T'IEE PROTECTIOI{ BONDS OF 1949 SERIES B No. B_ $1,O0O.0O The City of Burlingarie, a municlpal corporation, or€lanl,zed, andexlsting under the Constltution and Laws of the state of Califorraia, hereby aeknowledges 1tse1f lndebted and fo r. valuo received, proulsesto pay to ttre beas€r (or lf this bond be r€gistered, to the regls- tered holder hereof) on the 15tb day of Apn11, 19 , one thousand(*lrooo.o0) dolla::s together wlth lnterest thereon at the rate of _ per cont per a rs-rum uritil payrnont of said prlncipal aaount lnful1, payable seml -annua1Iy on the 15th <iay of Aprl1 anC the 15th day of 0ctober of each yea::. Unless this bond ls registersd suchlnterest, prlor to rnaturity, shal1 be payable only on presentation and surrender of the proper interest coupons heneto attached as ti:ey respeetlvoly become due. Both the prlncipal of and tbe lnterest onthis bond ar"e payable ln I alrful money of the United States of Ame r{- caat the Office of the Treasurer of the CLt,: of Burl--ngame, City llafl, Burl i.ngar:e I Californla. this bond is one oi' tho duly autrrorLzed Lssue of bonds of said Clty aggregatlng one hundre d seventy thousand ($1?orooo.oO) dollars ln principal amor:nt, aLI of 11ke tenor (except for such variatlons,if any, as may be required to de sJ.gnate varyl-ng numbers, natr:ri tl e s,or lnterest rates) and is issued r:nden and pursuant to the Constltu-tlon and Statutes of the Slate of Ca].iforrlia, md under and pur suantto the ordinance s and proceedlngs of sald Clty duJ-y adopted and taken and a vote and assent of nore than trvo-thLrds of all the quallfied electors of sald City voting at a special election duly ca1J.ed and held for that purpose.It is hereby certifledr recLted and declared that aI1 acts, con-dltlons, and things requLred by J.avr to exi-st, happen and to be per- fomred precedent to and in the issuance of thi s bond have existed, happened and been perforrned ln due tLme, i'oru and nanner as requlred.Iaw, and. that the amount of thls bond, together wlth all other in- debtedness of sald Cltyr does not exceed any linlt prescribed by tlreConstitutlon or Statutes of sald State, and that provlsion has been made as requlred by the Constltution and Statutes of saLd State forthe collectlon of an annual tax suf ficriont to pay the princlpal of, and lnterest on, this bond as the sane become due. The r'u1t faith andcredlt of sald City are hereby pledged for the punctual paynent of theprincipal and lnterest of this bond.'rhis bond nay be regl-stered in the nanne r prescribed by 1aw andthereafter the princlpal hereof, and the lntorest her:eon shaI1 be pay- able to such registered ovmer. 11{ ltfTNESS tiiIEnEOf', the Clty of Br:rlingame has caused thito be executed uader lts official seal, signed by 1ts Hayor an Treasurer, and counterslgned by Its C1erk, and has caused the coupons h6reto attached to be slgned by 1ts Treasurer, and thlto be dated the 15th <iay of apriI, 1949. u. s. sj:IIoNDs, Ivlayor of tho Clty of BurLingame IDA H. COE T::easuror of the uity of Burll ngarne Counte::s I gne d: EENtsBRS K. IJIITIEcrti cr.r[ oi-irre clty of Burllngame Coupon No. On the 15th ciav of l-94 the uity of tsurllngerre iv11l (u.nless tln wlthLn nentl oned bond be registered) pay to boarer at the Office of tlre Treasurer of saLd Clty of BurJ-ingame, Cali-fornla, s bond d its lnte re sts bond IDA II. COE Tr€asurer of the Clty of Burlingaue SECTIQIL_S - The Mayor of sald Clty of Burllngame and the Tnoasuror of-F6T?IaTEy are heri.by authorL zed and dlrocted, respectlvely, as such offlcerps, to execute each of sald bonds on b ehalf of sald Clty, and the Clty Clerk 1s he reby authorlzed eIrd dLrectod to counterslgn each of sald bonds and to afflx the offlclal seal of the said City thereto. Said iiiayo r and Treasurer are !E reby each, respectively, authorized to cause saLd bonds to be signod by thelr prlnted, llthographed; or en- graved facslmile slgnatures. Said rreasur"er 1s hereby authorl-zed and dl,rected to slgn each of the interest coupons by printed, lithographed, or engraved facslm1le slgnature. Such signlng, counterslgning, and sealing as herein provided sha1l be sufflcient anci binding executlon of said bonds and said coupons by sald CLty, and all such sl gnature s and cor:nte rsl gnatur€ s, excepting that of the Clty Clerkr raay be printed, llthographed o:r engraved. In case any of such officlers vrhoso s ignatur€ sor counterslgnatures appear on the bonds on coupons shalJ- cease to be such officer befor€ dellvery of such bonds to the purctEser, such sLgna- tures or countersignatures sltaIl nevertheless be valid anC sufflcientror al). pur?oses the sane as i.f they had remained in office untl1 the delivery cf the bonds. qECUO{ 6 - ror the purpose of paying the principal and i.nterest on saE[-5ZEi3, the city counirr of the 01ty of Burlinlaroe shalJ-, at the time of fixing the genoral tax levy and 1n the nsrne r for such general tax provided, 1evy, and col-lect annua11y. each year r:ntil said bonds are pald, or untii there shatl be a sui'in tlrc treasury of said ulty set apart for that pur?ose to meet ai1 sums ccm:ing due for prlncipal and interest on such bonds, a tax sufflcient to pay the annual l-nter-est on such bonds as the same be corire s due and also such part of theprlncipa]- thereof as sha1l become due before the proeeeds of a tax levled.at the tlme for maklng the next 6;eneral tax }evy can be mq.de availablefor tho payment of such prlncipal. Sald tax sha1l be in addition to a]-]. other taxes levLed for nunL cipal purposos, and shalI be ccllectedat the same time and in the sane rianne r as other rnrrni cipal taxes arecollected, and be used for no other purpose tl:an the paynent of sel,d bonds and accrued lnterest. Said taxes as collected sharl- be forth-lvlth paLd into the fund for v/hich the s arie were ]evled and collected and shal1 be deslgnated ItClty of Burlingarne General obllgatlon !'lre Protection Bonds of 1949, Interest and Sinking F\rnd, rr and all swns to becorne due for the prlncipal of and interest on sald bonds shaiJ. bepald f?om such fund. 'rhero siraIl be likev,'ise deposlted in sald fun <i any moneys received on account of interest accrued on said bond.s fromthelr date to the ds,te of dellverXr and actual paynent of th. purchaseprl ce thereof. SECTION 7 -The ro ls hereby crcated and. establlshed a fr:ld to beknom aE the 't1949 Flre ProtectLon 'Bond lilund rr vrhi ch shall be kept bythe Treasur.er of saLd Clty, and all proceeds of the sale of the b onds(Othen than accr:tred lnterest recelved on tho sale of sald bonds) sha11be placetl by the Treasurer to the credit of sai d fund and shal-1 bekept separate and dlstlnct from all other munl cipal funds and sha11 beapplled soIely to the pur?oses and the objects specifled in the propo-sitlon set forth Ln Section 2.d thls resolutLon. 33 Dollsns 1n 1ewfu1 money of $-TE -ffifEil states of Amerlcar belng slx months t =nterest then due on its Genoral Obllgation Flre Pnotectlon Bond of 1949trrse rL e 8 B, rr dat€ d Aprl]- 15 , 1949 . l.io . Any premiur recelved upon the sale of said bonds Lssued. shall be placed In such fund. SECTION 8 - Ihe Clty Clerk ls directed to cause a sufficlent numbe r ofTfaE-6-dnd s and couporis of sul-table quallty to be llt}:ographed,pr{.nted or engraved, and to cause the blank spaces thereof to be f111edin to conply urlth the provlslons heroof and to procure their executlonby proper offl,cers an d. to deliver them, iThon so executed, to ttreTreasurer of the uity who shall safely keep the sane r:nLil they shallbe sold by the sald City Co'-ncl1, rvhereupon he shal1 delLver them tothe purchaser or purchaserg thertof , on receipt of the purcbase prlce. Sald ayo::, Treasurer and utty Clerk ate f wther auti:orized and d. rected to maker eiecute, and dellver-to the purchaser of sald bonds a sl gnatrrre and no-litlgation certLficate ln the form usually ]'equired by pr.rchasers r I 34 of nunlclpal bonds generally certlfying to the genuineness and due executlon of sd. d bonds and further certlfylng to al]- i:,cts rdthinthelr Imosledge relatJ-vo to any lltigation vftlch oay or might affect sald Clty, sald olficers or said bonds, and sald Treasurer ls further authori zed and dlrected to nake, execut6, and deliver to the purchaser of sald bonds a Treasurerts receipt ln the f orm usuaily requl re d by purchasers of munlclpal bonds, evldenclng the payment of the purcha seprice of said bonds, shlch receLpt shal l- be conclusive evidence i;het said purchase price has been paid and has been received by sal- d City. An1" purchaser or subsequent taker or holder of sald bonds 1s hereby authorized to rely upon any such sLgnature and no-lltlgation certi-fieate and Treesurerrs recelpt vdth respect to sajd bonds executedpursuant to the authority of this resolution. sECTIol{ 9 - ALl- of sald bonds shall be offered for publlc sale byClty of Burl-i-n5ane on the ?th day of l,iarch, 1s hereby authorlzed and dlrected to cause the- rltt Councll of the 1949, and the Clty 01sr1r notice of the sale of the seld bonds to be publlshed once in the Burlingane Advance-star, the or'ficlal nelyspaper of said Cityr and such notice shall be substantlally ln the following form, to-viit: OFEICIAL N0TICE OF ;,ALE CITY OF BUEL]NGAI.IE GEIIERAL OBLIGATIOI{ FTNEJ PiOTECTION BOI'IDS OF 1949 SEitfES B Notlce ls hereby glven that sealed proposels viJ-I be recelved by tbe City of Burllngame, State of Cafif osrla, at the Offlce of theClty Clerk ther6of, 1n the Clty lialf of said Clty of Bur11nga4e, Callfonnia, on Lionday, iriarch 7, 1949 at the hour of 1O otcloek a.m., for the purchase of $170'O00.OOprlnclpa]. amount of bonds of sald City deslgnated itCity of Burllngame Gene ru.I Obllgation Fl-re Pr"otection Bonds of 1949, Serles Br moreparticularly descrd.bed belovr. Said rserles Brr bonds i ere authorl zedat an election h€1d ln the sd. d Clly of Br:r1lngare on Decemben 7, 1948. E!gg: $1?0,OOO.OO consisting of 1?O bonds of the denomlnatlon of $LrOOO each, nlxibred 81 to B17O, lnclusive, all dated April 15, 1949, and designated nSerles B.rr Sald b onds raature serlally ln consecutlve numbrlcal order, f rom lower to hl-gher, $IOrOOO.OO principal amor:nt 64 Aprll 15thln each of the years I95O to 1963, both l-nclusive. $ 5,oo0.00 prlncipal amount on April 15thin each of the years 1964 to 1969, both incluslve,without option or prior payment. NEGISTRATTON: Maxlnr:m three (3) per cent per annun, payable semi-annually on Aprll 15th and October 15thIn each year. Bi dd.ers must specLfy the rateof interest vhlcb tbe bonds offered for sa}€shail bear. Bldders will be permltted to blddlfferent rates of lnterest and to spllt rateslrrespectlve of the maturltles of sald bonds. The interrest rato tn tlre bld nust be ln a rruJ-tlple of one-quarter of ono por cent per &nnum, payable seml -annually. Both princlpal and interest payable Ln 1awfu1 noney of the United States of Ame::lca at theOffice of the ireasurer of sal- d. Clty, lnBurllngame, California. Coupon bonds wl1J. be lssued by the Clty. Such bonds are reglsterable only as to both prC.n-cipal and lntere st. ttseries Btr bonds ane authonized and vlil-L be lssued for the purpose of scquir{ng, constnrct-ing and cc'mpletlng nunlclpal. lmprover,rent s l"-i re Departnent purposes pursuant to vote of moro than tulo -thlrds of the voters voting for saLd inprovenents at a speclal electlon. PUBPOSE OF I;SUE: SECUETTY: TAX E]G]HPT STATUS: I,EGAL OPINION: Hlghest Bld: Ei ght of ire jectlon: Proupt Award: 35 Sald bonds ar"e gerrral obllgqtions of theClty of Burlingame and sd- d uity has power and 1s obllgated to levy ad valorem taxesfor the payment of sald bonds and the ln-terest thereon upon aII property witl-rln theClty gf Burllngame subJect to taxatlon bysald uity (except certain intangible personal prope:rby, vrhlch ls taxable at lln,I.ted rates)wlthout linltation of late or arcunt. In ttre event that prior to tire del-very oftl:e bonds the lncone rereived by private holders from bonds of the sanre type and char-acter shal-I be declared to be taxable under any Fe<iera1 Income Tax Lar,rs elther by the terms of such lavrs or by the rullng of a Fed,eral income tax authority or officiallrhlch is folloled by the Bureau of Internal Hevenue, or by decision of any I'eder-al. Courtr the successful bidder may, at his option,prlor to the tender of said bonds by the Clty, bo relieved of hls obllgation und.e r the con-tract to purchase the bon<is and in such casethe deposlt aceompanying his bid 1ri1l be re turrre d. The 1ega1 opinlon of llessrs. Orrlck, Dahlqui st{eff and lierrln8tonr of San Franclsco, Califo appr3oving the vaildlty of s aid bonds w111 befurnl shed to the successful bidder without charge . fhe bonds uill be aviarded to the hl,ghest andbest bidder considerlng the interest rate orrates speclfled and the premium offered, lfany. The hlghest bid i;i1l be determined by deducting the anount o1' the prerdur bid, lfany, from the total anount of Lnterest vrhlchthe Clty sould be roquired to pay from the date of sald bonds to theLr respectLve raaturlty dates at the couponrate or rates specLfied lnthe bLd, and the award wil)- be medo on the baslsof tLle lorvest net intorest cost of the Clty. The lowest net interest cost shaI1 be computed betvreen the dates aforesaid according to stan- d.ard bond lnterest tables. The purchaser raustpay accrr.red lnterest frora the date of tbe bondsto the date of delivery. The cost of pr{.ntlngthe bonds silL be borne by the Clty. The Clty of Burlingame reserves the l'i ght, in1ts dlscretlon, to reJect- any and all blds and to tu'aiye Fny irregularlty or lnformallty 1n any bi d. The City Council of the 01ty of lrurlLngame wl 11 take aetlon auarding the bonds op p€- Jectlng all blds not later than 24 hours afterthe expiratlon of the tlme hereln prescrlbedfor the receipt of proposals, provLding that the award rray be mado after the expiration of the specJ-fled time if the bldder sha1l not have gLven to ttle Clty Council notLce in vritlng ofthe tl1 thdrawal of such proposal. Delivery of s aid b onds vril1 bo rrude to tlre successful biddcr at the Oi'illce of the ulty Troasurer in Burlingane r Ualiforrrla, as soonas the bonds can be prepar€d, Hhich 1t isestinated r;i 1l- be =56str April 15, 1949. Prompt Delivery: 36 Rlght of Ca4cel-latt or1:The successful bldder shal]. trave theright at hls optlon, to eancel the con-tract of purehase if the Clty shafl fallto tender the bonds for dellvery on or before l,iay 15 , 1949 , and Ln such e ventthe successful bldder shall be entitledto the re turrr of the deposit acoompanylnghis bld. Forrn of Bi<i:A11 bids raus t be unconcii tl onal; for not Ie s s than all of the bonds hereb;,, offered for sale; and for not less thanthe par value thereof and accrued in-terest to ciate of delivery. Such bids, together with blddorrs check, riust be en- closed ln a sealod envelope addressed to the clty Councll of the Clty of Burllngame,ln case of the uity C1erk, City IIa1}, Burlingame, Californla, and endorsed,ItProposal for Clty of Burlingane General Obligation -Flre Protection Boncrs of 1949, Series B. rr Bld Che ck:V{lth each bid must be subnltted a certl-fi-ed check or cashierl s check for $5rOOO.OO d r-alrn on a bank or urust con- pany transactlng business ln the State ofCalifornia, payable to the order of' the Treasurer of the Uity of Burlingame, to securo tbe Ctty f rrm any loss resultlng r'rom the faLluro of the bldder to comply '!, ith the terns of his b1d. In addltion bidders are requested ( hut not requirod)to supply an estiuute of the total netinterest cost to the Citlr on the basis oftheir respecti.ve bitis, vrhi ch shali be con- sldered as lnformative onl-y and not blnd-ing on elther the bidder or the Clty. Checks of the unsuccessful bidders w111 be returned by the Clty by na11 upon the arzard of the bonds. I{o interr st rvil-I bepaid upon the deposlt made by the success- fu1 biddcr. ITI{A].ICIAL AND ECOI{OiIIC DATA o the financial condition of the d to any bldder upon reque st by the Dated February 9, 1949.Herbert K. Yr'hite,Clty Clerk,of the City of Burl ingane SECTION 10 - Thls resoluti-on shal1 take effect fron and aftor its The Ctty of Burllngane ls an incorporated Clty of the 6th C1ass, havlng been lncorporated in 1908. A recent special. Federal census ltas taken, anti the report of the Departrnnt of Commerce shows the populatlon of tho Clty tobe IB,B82. The present assessed valuation of alI taxable property nlthj.n the Clty 1s $21r657r960.00, . anci the total bonded indebtedness (not in- c].udlng this lssue ) ls 5i298roOO.OO. Further infornstl on re].etlve tClty of Burllngame yrlII be furll she Treasurer of said City. There ls no controversy or lltlgatlon pending or threatened con- cernlng the valldlty of the above issue, the corl>orate existence of the Clty of Burlr.ngame, or the title of the offlcers of said City to th6lr respectlve offl-ces. a doptl on. ,al Passed and adopted thts ?th day of Febrr:.ary, 1949; AYES: CoU$qILLGN: Dahl-I{arper-i!'.rnt-Love-Simonds NOES: COUNCILTIEN: None ABSEI,IT COUNCILi-.{EN: None U. S. S lmonds, Jr. i,layor of the C15y of Burlingane Herbert K. \lhi te,City Clerk of the Clty of Burllngame Presentod to and approved by ne thls 7th day of !'ebnrary, 1949. U. S. S lnonds, Jr. }layor of the Olty of Burl inga.r:re was Lntroduced by Councilmen Iiunt who raoved its passa6e, seconded by Q6s11g i'l rnnn Love, and adopted by the unaninous affirmative vote of thoCouncll members. 0 rdinan co No. 476, entltled ttAn Ordinance Amending the Ordinemce Code of the Ulty of Burllngare by Addi ng Thereto a lletv Soction of t429.7Prohlbltlng the Dispenslng of Inflammable Llqulds to the lub1lc by Unattended Di.epenslng DevLces Ln the Uity of Burllngame and Ptescrl-blnFPenaltles for Vl-olatlons rhereof 'I was introduced by Councl l:ran Harper / ard glven first reading. Ordinance No. 477, entltled rrAmending Ordinance Co<ie of the City of Burlingame by Repealing Soctlons 1311 and 1512; Establlshlng Tr-,ro IierrSections 15II and 1312, Controlling Dogs vrt thln said oitytr nas lntro- duced by Counci fnan }larper and glven first readj-ng. QuestLoned. by the Councile R. Ii. Gardiner, Poun&naster, expressed hls approval of tle Ord.insnce, and state<i that he deslred the authorization to pick up and lmpound suclr dogs that are creating a nul sance vithin the clty. Irirs.sophle Ha rtung, Bar.'bara Bentley, anc i'iarjorTr Head, the latter ttso schoolstudents, addressed the Council clting their reasons for. opposing theOrdlnance. I1rs. Ann Ottino addressed the Cor:nci1 voicing her approval zof the Ordinence. Under the heading of Unflnl shed Business, the natter of the purchase ofa plck-rip tnrck nas lai.d on the tab1e, Councikaan Dahl speaklng in be-half of the Councl]- Cored.ttee re coromende d that the motor 1n the truck now ln use by the Street and Safety De1-rartment be repaired or thet a neyl motor be lnstalIed, and that instead of expending city firnds for the purchase of a neu truck, a near tragedy in the recent storm proved thatIt was far more advisable to purchase a portable lighting equlpment set. Councll:ran Hancer moved that the Councll concur in the reconmendationof the CorurlttLe and that the utty Engirre e r-Purcba sing Ailent be lnstruc-ted to subni t a cost sheet on the purchase or repair of a motor for the oId truck, seconded by Councilman Love, and unanlmously carrled. r' Also under the headlng of Unfinl she d Business, the subject of thepetltlon of the residents of Skyllne lriano r received previously rvas againneviewed. Counci koan Dahl moved that the Clty Engineer be authortzedto Lnstall the necessary 1lghts as re comnended by the Li€lhting Conmittee of the Corrncl-1, seeonded by Counci lman liunt, and unanimously carrled. A le tter dated February 4, 1949, r'ras read from K. S. Fitch, Dlrectorof Pub1lc |iorkgr relative to the proposed Safeway Store at the south- urest corner of Fa].lforria D::ive and sanchoz Avenue, in which ttre Safe- vuay Stores, Incl, have requested permissi,on to pave the LO, PublicUtilitles easernent ln the rear of the property to c onform r'/1 th the surface of the parking Iot and a1 so to lr'i den the exl st!-ng drlveiray on Sanchez Avenue. tir. FLtch advised that folloriing an investigatlon it i','a s his recommendation that the perrnlssLon be granted subJect to certainrestrictlons and ccndltlons. Councl lrrran ibhJ- moved that the request begranted lrri til the stipuJ-ati.on named in tho re cosr,endat ion, seconded by Councllman }larper end unanimously carrJ-eci. v 38 ^ A Note of Clalm for Personal Injuries and other daoage of I'ia 4rOtto anC Richard. T. 0tto ras. presented to the Couricll for,,.ction. C ouncl lman 9ah1 noved that the clairc be rejected., seconded by Councilnan Love, and unanimously carried. Optlons to purchase property in the furthe rance of the Carolan Avenue extensions projeet i;ere presented by Joseph J. Phililps,negotiatlng for and j-n behalf of the City of tsurlingame: JohnJ. Ford, Jr; Ve rla !-ord; Loui- s V. i'iorton; iriary f rene lriorton; Dora Ell,zabeth Krr:g; Ruth tlose ilornano; Albert Donald Krug;E1lse De Ghent Guevara; Dorothy G. Shay; Dorothy I'i. Shay; Emerson J. liiiller; Agnes S. }ii11er; Bertha I{rrrg; Iilna }ioIakidis,, Trustee; Alice lvi. i'iccloskey; Irere sub6itted to the Council. Counci lman Love introduced Resolution No. 9-49, accepting the opi;lons as so enumerated andread by the uity Cierk, a nd noved its adoptlon seconded by Counc I- lnan Harper and adopted. by thc unanimous affirmative vote of the Council. iiirs. Sophie iia rtlrlg, 2616 Hillside Drive, Br.r.rlingano, reportedlarge holes in the street on Hl-itside D::ive; Clty Engineer Fltch advised that work has been ordered done and. lrill be accom-plished soon. Coulel- l:nan Dah l- advised that an Ordlxance Book in the possessionof fo::mer Counci lman I. J. Roth has not as yot been roturne d tothe C11'y. L{ry or Simonds thanked Barbara Bentley and,Iriarjory Head, students present at the Councll meetlng for their interest in the proposodItDog Ordinancerr and stated that sueh lnterest vas cogduclve to the future g rowth of Amerlca. Th€re being no further business, the Council a dj oul,ned on motlonof CounclJ-nsn Dah1, soconded by Counci.Iman Love, and r4animously ca rrle d. City Clerk VED: s ONDS, J I{ayor