Resolution 1217
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RESOLUTION NO. 1217
A RESOLUTION DETERMINING CONVENIENCE AND NECESSITY,
ADOPTING ENGINEER'S REPORT, CONFIRMING ASSESSMENT
AND ORDERING WORK AND ACQUISITIONS
LUCHESSA AVENUE IMPROVEMENT DISTRICT
PROJECT NO. 1967-2
RESOLVED, by the City Council of the City of Gilroy, California,
that
WHEREAS, on the 5th day of September, 1967, said Council adopted
its Resolution No. 1139 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 pro-
posed acquisitions and improvements to the Engineer of Work of said
City, he being the officer having charge and control of the acquisi-
tions and construction of public improvements in and for said City
of the kind described in said Resolution of Preliminary Determination
and of Intention, as amended, and being a competent person employed
by said City for that purpose;
WHEREAS, said Council thereby directed said Engineer of Work
to make and file with the City Clerk of said City a report in writing
in accordance with and pursuant to the Code of the City of Gilroy;
WHEREAS, said report was duly made and filed with the City
Clerk, whereupon the City Clerk presented it to said 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 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 assessment according to benefits9
all of which was done in the form and manner required by said Code;
(2/7
WHEREAS, said Council found that sai~ 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 Code and Resolution of Preliminary Determination and of Intention,
as amended, whereupon said Council, pursuant to the requirements of
said Code, appointed Monday, the 15th day of January, 1968, at the hour
of 8:00 o'clock P.M. of said day in the Council Chambers, Gilroy, Cali-
fornia, as the time and place for hearing protests in relation to said
proposed acquisitions and improvements, 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, mailed and published in the time, form and manner
required by said Code, as evidenced by the affidavits on file with said
Clerk, whereupon said heari.ng was duly and regularly held at the time
and place advertised in said notices;
WHEREAS, no persons interested, objecting to 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 expenses thereof, filed written protests 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;
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
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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, 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
public interest, convenience and necessity of making said acquisitions
and improvements under said Resolution of Preliminary Determination and
of Intention, as amended, or to said proposed acquisitions and improve-
ments, or the grades to which said work is proposed to be done, 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 considered, and are hereby over-
ruled.
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 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, as amended.
That all public streets and highways within said assessment district
in use in the performance of a public function as such shall be omitted
from said district and from the levy and collection of the special taxes
to be hereafter levied and collected to cover the costs and expenses of
said acquisitions and improvements.
5. That the Engineer!s estimate of the itemized and total costs
and expenses of said acquisitions and improvements, as modified, and of
the incidental expenses in connection therewith, contained in said
report, be, and it is hereby, finally adopted and approved as the
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Engineer's total and detailed estimate of the costs and expenses of
said acquisitions and improvements.
6. That the plans and specificattons 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.
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, 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 improve-
ments 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, as amended9 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 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, as modified,
upon the several subdivisions of land in said assessment district in
proportion to the estimated benefits to be received by said subdivisions,
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respectively, 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 acquisitions and improvements.
11. That the Engineer's report, as modified, 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 her 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 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 con-
taining 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 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 Bond Plan B, Chapter
12A, Article III, Division 3 of the Code of the City of Gilroy, the
last installment of such bonds to mature not to exceed fourteen (14)
years from the second day of July next succeeding ten (10) months from
their date.
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14. That said Superintendent of Streets shall also cause Notice
to Pay Assessments to be published in two successive isues of the Gilroy
Evening 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 stat~d 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
January
, 1968, by the following vote of the members
thereof~
AYES, and in favor thereof, Councilmembers~ Allemand, Duffin, Kennedy Jr.,
Quartiroli, Silva, Wentworth and Goodrich.
NOES, Councilmembers~ None
ABSENT, Councilmembers~ None
/c!ZI(){kMU/ ;;. c---a u-nl/a-'Z~
../City Clerk of the City of Gilroy
APPROVED~
~
d. ~,
~~~<-d'4uf!!~~<-4
Mayor
6
.
I, SUSANNE E. ~ THOMAS ,C i ty Clerk of the Ci ty of Gil roy,
do hereby certify that the attached Resolution No.
1217
is an
original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 15th
day of
January
. 19 68, at which meeting a quorom was
present.
IT WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Gi lroy, this 16th day of
January
, 19 68
oJU~d~Jt'Y"L' tc~ UYJt~;LJ
Ci ty Clerk of the City of G i 1 roy