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Resolution 402 RESOLUTION NO.402 RESOLUTION OF THE CITY OF GILROY LEVYING ASSESSMENT FOR FISCAL YEAR COMMENCING JULY 1,1957, AND ENDING JUNE 30,1958,STREET LIGHTING DISTRICT NO.1. WHEREAS,the City Building Inspector of the City of Gilroy has duly made and filed his report in writing in the matter of furnishing and installing of street lighting poles and street ~"~"I lights for a street lighting system for an Improvement District .. in the City of Gilroy,comprising Tract No.239,Renz Addition to L,., the City of Gilroy,and portions of Tract No.1046,Wayland Lane Tract,and Lpupe Northern Addition to the City of Gilroy,all as described in the said report and Resolution of Intention, the same being Resolution No.388 of the Common Council of the City of Gilroy,passed and adopted on the first day of October,1956, the said report presenting and including: (I) Plans and specifications of the proposed improvement. (2) An estimate of the cost of the improvement for the period of time during which it is proposed to be continued. (3) A diagram showing the assessment district. (4) Schedule showing the proportionate amount of the assessment to be charged against each of the several lots or parcels of land in the said District,for the period commencing November 1, 1956, and ending June 30,1959,and for each fiscal year included therein,viz:the fiscal year 1957-1958,and 1958-1959,all in accordance with the Street Lighting Act of 1919 of the State of California; and, WHEREAS, the said Common Council of the City of Gilroy did, on October 1,1956,adopt said report, confirm the proposed assessment, and invited bids for furnishing and installing said street lighting system;and, WHEREAS, the said report of the said City Building Inspector hereinbefore referred to included,as a part of the cost of the said improvement,the sum of $900.00 for incidental expenses,the same being in addition to the actual costs of the material, labor and equipment used in installing the said street lighting system, which said sum of $900.00 covered the cost of publication of notices required by law, and attorney fees in the sum of $700.00, and both of said amounts are included in the assessment which is hereinbefore referred to which the said Common Council has approved; and, WHEREAS,the said Common Council has heretofore determined that it shall advance from its General Fund sufficient money to pay the costs of the said improvement, including the said incidental costs and expenses,and that the sum so advanced shall be deemed a loan to the Special Fund required for said Improvement Dmstrict and shall be repaid out of the proceeds of the assessments; and, WHEREAS, the duties of assessing property and collectingtaxes in the City of Gilroy for the said City of Gilroy are performed on behalf of the said city by the County Assessor and the County Tax Collector of the County of Santa Clara in the manner provided by law;and, WHEREAS, the Common Council of the City of Gilroy has elected and does hereby elect to adopt the alternative proceedure for installment assessments set forth in Chapter 8 of the said Street Lighting Act of 1919 of the State of California for the levying and collection of assessments,and a certified copy of the assessment as heretofore adopted and confirmed by the Common Council of the City of Gilroy, together with the report and diagram as finally adopted and confirmed by the said Common Council, has been transmitted to and received by the County Controller of the County of Santa Clara. NOW,THEREFORE,BE RESOLVED BY THE COMMON COUNCIL OF THE CITY OF GILROY: That said assessment for said fiscal year 1957-1958, commencing the first day of July,1957,and ending the 30th day of June,1958,is hereby levied upon all of the respective subdivisions of land within the Assessment District,in accordance with the assessment and diagram contained in the report of the said City Building Inspector,said Assessment District being that described in said Resolution of Ineention;and said assessment is so levied upon the lands aforesaid to pay such portion of the costs of said improvement for said fiscal year 1957-1958 as the total of said assessment amounts to for said period. BE IT FURTHER RESOLVED: That a special fund shall be established by the City Treasurer to be known as "lighting District Improvement Fund" and payments shall be made out of said special fund only for the purposes provided for herein. The assessments as collected shall be dsposited in said Special Fund,and since there will be no assessment collected for said ,improvement until the latter part of 1957,there shall be advanced to and placed in said Special Fund forthwith from the moneys in the General Fund of the City of Gilroy,the sum of $4,267.34, the amount necessary to pay for the said improvement and incidental expenses including attorney fees and costs of publication of notices, which said incidental expenses shall be forthwith paid from the said fund, and as the assessment money is ~ollected,it shall be repaid from the said fund to the said City of Gilroy to be replaced in the General Fund. ADOPTED and PASSED this 5th day of November,1956 by the following vote: AYES: NOES: ABSENT: I i I Councilmen Pate,Sanchez,Gallo,Petersen,Rush,Wentworth Councilmen None Councilmen None ~ Attest: (S. CA.. ~O)( Citv Clerk 'f!.., ?-r)~