Resolution 1839
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RESOLUTION NO. 1839
A RESOLUTION ADOPTING ENGINEERIS REPORT, CONFIRMING
ASSESSMENT AND ORDERING WORK AND ACQUISITIONS
MONTEREY STREET IMPROVEMENT PROJECT 1974-3
RESOLVED, by the City Council of the City of Gilroy,
California, that
WHEREAS, on the 6th day of May, 1974, said Council adopted its
Resolution No. 1799, a Resolution of Preliminary Determination and
of Intention, as subsequently amended, that the public interest,
convenience and necessity required and that it intended to order
certain acquisitions and improvements therein particularly described,
and referred the proposed acquisitions and improvements to the Engineer
of Work to make and file with the City Clerk of this City a report in
writing in accordance with and pursuant to the Gilroy City Code;
WHEREAS, said report was duly made and filed with the City
Clerk, whereupon the Clerk presented it to this Council for con-
sideration;
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 Code, in-
cluding (I) plans and specifications of the proposed improvements,
(2) estimate of costs, (3) diagram of district, (4) an assessment
according to benefits, and (5) maps and descriptions of acquisitions
to be made, all of which was done in the form and manner required by
said Code;
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 proceedmgs under
said Code-and said Resolution of Preliminary Determination and of
Intention, whereupon said Council, pursuant to the requirements of
said Code, appointed Monday, the 15th day of July, 1974, at the hour
RESOLUTION NO. 1839
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of 8:00 o'clock P.M. of said day in the Council Chambers, City Hall,
Gilroy, California, as the time and place for hearing protests in
relation to said acquisitions and improvements and directing the
Clerk of said City to give notice of said hearing as required by
said Code;
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 Code, as evidenced by the certificates and affidavits
on file with said Clerk, whereupon said hearing was duly and regularly
held at the time and place advertised in said notices;
WHEREAS, all persons interested objecting to said acquisi-
tions and improvements, or to the extent of the assessment district,
or to the proposed assessment and diagram, or to the grades at which
said work will be done, or the Engineer'S estimate of the costs and
expenses thereof, or to the maps and descriptions, filed written pro-
tests with the Clerk of said City at or before the time set for said
hearing, and all persons interested, desiring to be heard were given
an opportunity to be heard and all matters and things pertaining to
said acquisitions and improvements were fully heard and considered by
said Council, , and said Council has
acquired jurisdiction to order said acquisitions and improvements and
the confirmation of said diagram and assessment to pay the costs and
expenses thereof;
NOW, THEREFORE, said Council does hereby FIND, DETERMINE and
ORDER, as follows:
1. That the owners of one-half of the area of the property to be
assessed for the cost of said project did not, at or prior to the time
fixed for said hearing, file written protests against said acquisitions
and improvements, or as to the Engineer's estimate of costs and ex-
penses of said project, or against the grades at which said work is
proposed to be done, or against the maps and descriptions, or against
the diagram and assessment to pay for the costs and expenses thereof.
2. That any and all protests made either to said proposed
acquisitions and improvements, or the grades at which said work is
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proposed to be done, or the extent of the assessment district, or the
amounts of the several assessments, or the maps and descriptions, and
all persons desiring to be heard in relation to any of said matters,
whether as protestants or otherwise, have been fully heard and con-
sidered, and have been overruled.
3. That the district benefited by said acquisitions and improve-
ments and to be assessed to pay the costs and expenses thereof, and
the exterior boundaries thereof, is the district'describedin said
Resolution of Preliminary Determination and of Intention, as amended.
4. That the Engineer's estimate of the itemized and total costs
and expenses of said acquisitions and improvements, and of the inci-
dental expenses in connection therewith, contained in said report, be,
and it is hereby, finally adopted and approved as the Engineer1s total
and detailed estimate of the costs and expenses of said acquisitions
and improvements.
5. That the plans and specifications for the proposed improve-
ments contained in said report, be, and they 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 Preliminary
Determination and of Intention, as amended.
6. That said Council does hereby order the acquisitions and
improvements to be made and done as described in and in accordance
with said Resolution of Preliminary Determination and of Intention,
as amended, on file in the office of the Clerk of said City, reference
to which is hereby made for a more particular description of said
acquisitions and improvements and for further particulars pursuant to
the, provisions of said Code.
7. That the diagram showing the assessment district referred to
and described in said Resolution of Preliminary Determination and of
Intention, as amended, 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, each of which
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subdivisions having been given a separate number upon said diagram
as contained in said report, be, and it ishereby, finally approved
and confirmed as the diagram of the properties to be assessed to
pay the costs and expenses of said acquisitions and improvements.
8. That the assessment of the total amount 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 subdivisions, respectively, from said
acquisitions and improvements, and of the expenses incidental thereto,
as contained in said report, be, and the same is hereby, finally ap-
proved and confirmed as the assessment to pay the costs and expenses
of said acquisitions and improvements.
9. That the maps and descriptions of the acquisitions to be made,
as contained in said report, be, and the same are hereby, approved and
confirmed.
IO. That said Engineer's Report be, and the same is hereby,
finally adopted and approved as a whole.
11. That the Clerk of this City shall forthwith deliver to the
Superintendent of streets of said City the said assessment, together
with said diagram thereto attached and made a part thereof as confirmed
by this Council, with her certificate of such confirmation thereto
attached and of the date thereof, and that said Superintendent of
Streets shall forthwith 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 recor-
dation 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, or to both addresses if said address is not the same, or to
the general delivery when no address so appears, a statement containing
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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 date of the recordation of said assess-
ment, the time and place of payment theleof, the effect of failure to
pay within such time, and a statement of the fact that bonds will be
issued on unpaid assessments pursuant to Bond Plan B, Chapter 12A,
Article III, Division 3 of the Gilroy City Code.
13. That said Superintendent of Streets shall also cause Notice
to Pay Assessments to be published in two (2) successive issues of
the Gilroy Dispatch, a newspaper published and circulated in said
City, that said assessment has been recorded and that all sums assessed
thereon are due and payable immediately and that the payment of said
sums is to be made within 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 the foregoing is a full, true and correct
copy of a resolution duly passed and adopted by the City Council
of the City of Gilroy, California, at a meeting thereof held on the
29th. day of July, 1974, by the following vote of the members thereof:
AYES, and in favor thereof, Council members: DeBELL, DUFFIN, HUGHAN,
PATE, SILVA, STOUT and GOODRICH.
NOES, Council members: None
ABSENT, Council members: None
APPROVED:
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ayor
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