Resolution 1671
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RESOLUTION NO. 1671
A RESOLUTION ADOPTING ENGINEER'S REPORT, CONFIRMING
ASSESSMENT AND ORDERING WORK AND ACQUISITIONS
RONAN AVENUE - SOUTH CHESTNUT STREET
PROJECT NO. 1971-1
RESOLVED, by the City Council of the City of Gilroy, California,
(
that
WHEREAS, on the 15th day of May, 1972, said Council adopted its
Resolution No. 1647, a Resolution of Preliminary Determination and
of Intention, that the public interest, convenience and necessity
required and that it intended to order certain acquisitions and im-
provements therein particularly described, and referred the proposed
acquisitions and improvements to the City Engineer to make and file
with the City Clerk of this City a report in writing in accordance
with and pursuant to the Municipal Improvement Act of 1913;
WHEREAS, said report was duly made and filed with the City Clerk,
whereupon the Clerk presented it to this Council for consideration;
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 Act, including
(1) plans and specifications of the proposed improvements, (2) esti-
mate 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
Act;
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 proceedings under
said Act and said Resolution of Preliminary Determination and of
Intention, whereupon said Council, pursuant to the requirements of
said Act, appointed Monday, the 19th day of June, 1972, at the hour
of 8:00 o'clock P.M. of said day in the Council Chambers, City Hall,
RESOLUTION NO. 1671
Gilroy, California, as the time and place for hearing protests in
relation to said acquisitions and improvements and directing the City
Clerk of said City to give notice of said hearing as required by said
Act;
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 Act, 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, 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 City 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 per-
taining to said acquisitions and improvements were fully heard and
considered by said Council;
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, at or prior to the time
fixed for said hearing, file written protests against said acquisi-
tions and improvements, or as to the Engineer's estimate of costs and
expenses 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
proposed to be done, or the extent of the assessment district, or the
amounts of the several assessments, or the maps and descriptions, and
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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 described in said
Resolution of Preliminary Determination and of Intention.
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 Engineer's
total and detailed estimate of the costs and expenses of said acqui-
sitions 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.
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
on file in the office of the City Clerk of said City, reference to
which is hereby made for a more particular description of said acqui-
sitions and improvements and for further particulars pursuant to the
provisions of said Act.
7. That the diagram showing the assessment district referred to
and described in said Resolution of Preliminary Determination and of
Intention, 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 subdivisions
having been given a separate number upon said diagram as contained in
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said report, be, and it is hereby, finally approved and confirmed as
the diagram of the properties to be assessed to pay the costs and ex-
penses 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.
10. 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 con-
firmed 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
recordation 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 toe 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 City Clerk, or to both addresses if said address is not
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the same, or to the general delivery when no address so appears, a
statement containing a designation by street number or other de-
scription 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 assessment, the time and place of paYment thereof,
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
Improvement Bond Act of 1915.
13. That said Superintendent of Streets shall also cause Notice
to Pay Assessments to be published in two successive issues of the
Gilroy Dispatch, a newspaper published and circulated in the 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.
* * * * * * * * * * * *
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. '
I hereby certify that 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
14th
day of
Augus t
, 1972, by the
following vote of the members thereof:
AYES, and in favor thereof, Council members: BATREZ, DUFFIN,
HUGHAN, PATE, SILVA, STOUT and GOODRICH.
NOES, Council members: None
ABSENT, Council members: None
1
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CZY2MIt~
City Clerk of the City of
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~, PROVED: _ _ .
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Mayo