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Resolution 1422 ~ f WJML:PDA:S:amf 10-29-69 10C RESOLUTION NO. 1422 A RESOLUTION DETERMINING CONVENIENCE AND NECESSITY, ADOPTING ENGINEER'S REPORT, CONFIRMING ASSESSMENT AND ORDERING WORK AND, ACQUISITIONS EIGHTH STREET IMPROVEMENT DISTRICT PROJECT NO. 1969-2 RESOLVED, by the City Council of the City of Gilroy, California, that WHEREAS, on the 6th day of October, 1969, said Council adopted its Resolution No. 1393 of Preliminary Determination and of Inten- tion 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 acquisi- tions and improvements to the City Engineer of said City, he being the officer having charge and control of the acquisitions and con- struction of public improvements in and for said City of the kind described in said Resolution, and being a competent person employed by said City for that purpose; WHEREAS, said Council thereby directed said City Engineer to make and file with the City Clerk of said 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 said 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, including (1) maps and descriptions of lands and easements to be acquired, (2) plans and specifications of the proposed improvements, (3) estimate of costs, (4) diagram of district, and (5) an assess- ment according to benefits, all of which was done in the form and manner required by said Act; /424 WHEREAS, said Council found that said report and each and every part thereof was sufficient in every particular and deter- mi.ned that it should stand as the report for all subsequent pro- ceedings under said Code and Resolution of Preliminary Determination and of Intention, whereupon said Council, pursuant to the require- ments of said Act, appointed Monday, the 17th day of November, 1969, at the hour of 8:00 o'clock P.M. of said day in the City Hall, 10 South Rosanna street, Gilroy, California, as the time and place for heari.ng protests in relation to said proposed acquisitions and im- provements, and directed 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 and published and mailed in the time, form and manner required by said Code, as evidenced by the affidavits on file with said Clerk, whereupon said hearing was duly and regu- larly held at the time and place advertised in said notices; WHEREAS, persons interested, objecting to the under- taking of said proceedings without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 said acquisitions and improvements, or the extent of the assessment district, or to the proposed assessment or diagram, or to the maps and descriptions, or to the grades at which said work will be done, or to the Engineer's estimate of the costs and ex- penses thereof, filed written protests with the Clerk of said City at or before the time set for said hearing, and all persons inter- ested 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; 2 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 improvements, or as to the Engineer'S estimate of costs and expenses of said project, or against the maps and descrip- tions, or against the grades at which said work is proposed to be done, 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, convenience and necessity of making said acqui- sitions and improvements under said Resolution of Preliminary Deter- mination and of Intention, or to said proposed acquisitions and im- provements, or the grades to which said work is proposed to be done, or the extent of the assessment district, or the ma~s and descrip- tions, 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 considered, and are hereby overruled. 3. That the public interest, convenience and necessity require the acquisitions and improv.ements in the manner proposed, and Division 4 of the Streets and Highways Code shall not apply. 4. That the district benefited ,by said acquisitions and im- provements 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. 5. That the Engineer'S estimate of the itemized and total costs and expenses of said acquisitions and improvements, and of the in- cidental expenses in connection therewith, contained in said report, 3 .- 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. 6. 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. 7. That the maps and descriptions of the lands and easements to be acquired, as contained in said report, be, and the same are hereby, approved and confirmed. 8. That the public interest, convenience and necessity require, and said Council does hereby order the acquisitions and improvements to be made as described in and in accordance with, said Resolution of Preliminary Determination and of Intention 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. 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 dimensions of the respec- tive subdivisions of land within said district as the same existed at the time of the passage of said Resolution, each of which sub- divisions having been given a separate number upon said diagram, as contained in 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 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 4 to the estimated benefits to be received by said subdivisions, respec- tively, from said acquisitions and improvements, and of the expenses 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 acqu~sitions and improvements. 11. That the Engineer's report be, and the same is hereby, finally confirmed and approved as a whole. 12. That the Clerk of said City shall forthwith 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 attach- ed 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 certi- ficate of the date of such recording, and such recordation shall be and constitute 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 statement containing 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 assessment, the time and place of payment there- of, 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 of the Gilroy City Code. 5 ;'(, ;; ~..i- 14. That said Superintendent of Streets shall also cause Notice to Pay Assessments to be published in two successive issues of the Gilroy Evening Dispatch, a newspaper published and circulated in said City, that said assessment has been recorded, and that all sums assessed therebnare 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 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 15th day of December , 1969, by the following vote of the members thereof: AYES, and in favor thereof, Councilmembersj Batrez, Duffin, Kennedy, Pate, Silva, Wentworth, and Goodrich. NOES, Councilmembers: None ABSENT, Councilmembers: None C APPROVED: , . "7 ';: ---;/~~~~ /s/ NORMAN B. GOODRICH Mayor 6