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Resolution 1351 w ~8 ?J; t. !~ ~,2 -112..~~ A RESOLUTION DETERMINING CONVENIENCE AND NECESSrTYC) ADOPTING ENGINEER. U S REPORT9 ASSESSMENT AND ORDERING WORK AND ACQ,UISITIONS RONAN AVENlJE IMPROVEMENT' DIS'TRICT PRr\ TErcll NC) 6'9. 'I .,\,.l (;j ~J'.../ J.-. .__' _ 0 c=, .J... RESOLVEDC) by the City Gou.nc:tl of the City of Gilroy.l1 CaliforniaC) that WHEREAS,9 on the 21st day of April? 1969!) said Council adopted its Resolution No 0 1334 of' Preliminary Determinat:ion and of Inten- tion that the public interestc) convenience and necessity required and that it intended to order certain acquisitions and improvements therein particularly describedC) and referred the proposed acquisi- tions and improvements to the Engineer of Work of said City)) he being the officer having charge and control of the acquisitions and construction of public improvements in and for said City of the kind descr.ibed i.n said Resolu1;lo:n9 EU1.d being a c.ompetent person employed by said City for that purpose; WHEREASC) said Counc the T'e cted sald Engineer of Work to make and file wlth tt:e City Cle of said CIty a .N::port in writing in accordance with and pursuant to the Munle:1.pal Improvement Act of' 1913; WHEREASC) said report was y mode and filed with the City C1erkJ) whereupon the Cler'K presented :it to saId Counc1.1 for consid~ eration; WHEREASC) said Counci.l thereupon duly considered said repoT't and each and every part thereofC) and found that it contained all the matters and things called for by provisions of said Act, in- eluding (1) maps and descriptions of lands and easements to be acquired, (2) plans a sps tions of the proposed improvements!) (3) estimate of costs, (4) diagram of dlstrictc) and (5) an assess- ment according to bene tIS.? all of wh1c:h was done in the form and manner required by said Act; / 3' ,r;;-; WHEREAS" said Council found that said rJeport and each and every part thereof was sufficient i.n every particular and determined that it should stand as the report for all subsequent proceedings under said Act and Resolution of' Prelimlnary Determination and of Intention" whereupon said Council" pursuant to the requirements of said Act" appointed Monday" the 2nd day of June>> 1969" at the hour of 8:00 onclock P.M. of said day in the City Hall" 10 South Rosanna Street" Gilroy" Californ.ia" as the time and place for hear- ing protests in relation to sald. proposed acquisitions and improve- ments" and directed the Clerk. of said City to give notice of said hearing as required by said Act; WHEREAS" it appears that notlces of said hearing were duly and regularly posted and published and mailed ln the time" form and manner required by sald Act" as evidenced by the affidavits on file with said Clerk." whereupon sa:id hearing was duly and regularly held at the time and place advertised in said notices; WHEREAS" _1l2.-_persons :interested." objecting to the undertak.ing of said proceedings without compliance with the Special Assessment Investigation" Limitatlon and :Majority Protest Act of 1931 said acqul~ sitions and improvements" or the e.x.tent of the assessment dlstrictg or to the proposed assessment or diagram" or to the maps and descriptions" or to the grades at which sald work: will be done" or to the Engineer1s estimate of the costs and expenses thereof" flIed wrl..tten protests vdth the Clerk of sald City at or before the time set for sald hearing" and all persons lnterested desiring to be heard were given an opportunlt;y1' to be heard" and all matters and things pertainlng to said acquisitions and :improvements were fully heard and considered by sa:id Council J " c: 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 the said acquisitions and i.mprovements.') or as to the Engineerls estimate of costs and expenses of said project.') or against the maps and descriptions, or against the grades at which said work is proposed to be done,9 or against the diagram and assessment to pay for the costs and expenses thereof. 2. That any and all protests made either to the question of the public interest,9 convenience and necessity of making said acquisitions and improvements under said Resolution of Preliminary Determination and of Intention, or to said proposed acquisitions and improvements, or the grades to which said work is proposed to be dones or the extent of the assessment district.') or the maps and descriptions, or the amounts of the several assessments.') and all persons desiring to be heard in relation to any of said matters, whether as protestants or otherwise, have been fully heard and cons:idered, and are hereby overruled. 3. That the public interest>> convenience and necessity require the acquisitions and improvements in the manner proposed, and Division 4 of the Streets and Highways Code shall not apply. 4. That the district bener.ited 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 Resolu- tion of Preliminary Determination and of Intention. 5. That the Engineerls 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 herebYJ finally adopted and approved as the Engineerls total 3 and detailed estimate of the costs and expenses of said acquisitions and improvements. 6. That the plans and specifications for the proposed improve- ments, contained in said report, be, and they are herebys finally adopted and approved as the plans and specifications to which said work shall be done as called for in said Resolution of Preliminary Determinati.on and of Intention. 7. That the maps and descriptions of the lands and easements to be acquireds as contained in said reports bes and the same are hereby, approved and confirmed. 8. That the public interests convenience and necessity requires and said Council does hereby order the acqu:isitions and improvements to be made as described in and in accordance with,ll said Resolution of Preliminary Determination and of Intention on file in the office of the Clerk of said Ci.ty!) reference to which is hereby made for a more particular description of said acquisitions and improvements and for further particulars,ll pursuant to the provisions of said Act. 9. 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 dlmensions of the respective subdivisions of land withln said distr"ict 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 said report!) be, and it 115 11erebY,9 fl:nal1y approved and confirmed as the diagram of the props iee to be assessed to pay the costs and expenses of said acquisitions and improvements. 10. 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 assessment district in proportion to the estimated benefits to be received by said subdivisionss reBpec~. tively,ll from said acquisitions and improvementss and of the expenses 4 incidental thereto, as contained in said report, be, and the same is hereby, finally approved and confirmed as the assessment to pay the costs and expenses of said acquisitions and improvements. 110 That the Engineer~s report bes and the same is hereby, finally confirmed and approved as a whole. 12. That the Clerk of said Clty shall forthwlth deliver to the Superintendent of Streets of said City the said assessment together with diagram thereto attached and made a part thereof, as confirmed by this Council, with his certificate of such confirmation thereto attached and of the date thereof; and that said Superintendent of Streets shall record said diagram and assessment in his office in a suitable book to be kept for that purpose, and shall append thereto his certificate of the date of such recording, and such recordation shall be and consti- tute the assessment roll herein. 13. 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 same appears on the tax rolls of the City or on file in the office of the Clerk of said City.') or to both addresses.') If said address is not the same, or to the general delivery when no address so appears, a state- ment containing a des:ignat:ion 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 assessment., the time and place of payment th.ereof:; 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 the Improvement Bond Act of 1915. 14. That said Superintendent of Streets shall also cause Notice to Pay Assessments to be published in three successive issues of the Gilroy Evening Dispatch:; a newspaper published and circulated in Bald 5 City, that said assessment has been recorded, and that all sums assessed thereon are due and payable immediately, and that the pay- ment 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 assess- ments as above provided. * * * * * * * * * * 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 2nd day of June >> 196~>> by the following vote of the members thereof~ AYES, and in favor thereof jl Councilmembers ~ Batrez, Duff in, Kennedy, Pate, Silva, Wentworth and Goodrich NOES, Councilmembers~ None ABSENT, Councilmembers~ None Depu ty APPROVED: )(~ 6 I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 1351 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 2nd day of June , 19 69 , at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Gilroy, this 6th day of June , 19~. ,,iJ/ e-i ;;t7--? ;N..L~' G i I r oy /. City Clerk of 1 by ,6&<4~/ ~ i Deputy City Clerk ce~<:"A" / U