Resolution 1247
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RESOLUTION NO. 1247
A RESOLUTION DETERMINING CONVENIENCE AND NECESSITY,
ADOPTING ENGINEER'S REPORT, CONFIRMING ASSESSt1ENT
AND ORDERING WORK AND ACQUISITIONS
FOREST STREET IMPROVE~NT DISTRICT
PROJECT NO. 1968-1
RESOLVED, by the City Council of the City of Gilroy,
California, that
WHEREAS, on the 19th day of February, 1968, said Council
adopted its Resolution No. 1234 of Preliminary Determination and
of Intention 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 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 described in said Resolution of Preliminary
Determination and of Intention, 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 GilroYj
l~EREAS, said report was duly made and filed with the City
Clerk, whereupon the 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 assessments to be
acquired, (2) plans and specifications of the proposed improvements,
(3) estimate of costs, (4) diagram of district, and (5) an assessment
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according to benefits, all of which was done in the form and manner
required by said Code;
\VHEREAS, said Council found that said report and each and
every part thereof was sufficient in every particular and deter-
mined 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 Code, appointed Monday, the 18th day of March, 1968,
at the hour of 8:00 o'clock P.M. of said day in the Council Chambers,
Gilroy, California, as the time and place for hearing protests in
relation to said proposed acquisitions and improvements, and direct-
ed 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 hearing was duly and regularly
held at the time and place advertised in said notices;
hTHEREAS, ----- persons interested, objecting to the under-
taking of said proceedings without compliance with Division 4 of
the Streets and Highways Code, or to said acquisitions and improve-
ments, 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 consider-
ed by said Council;
NOW, THEREFORE, said Council does hereby FIND, DETERMINE and
ORDER, as follows:
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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
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
the public interest, convenience and necessity of making said ac-
quisitions 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 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 overruled.
3. That the public interest, convenience and necessity re-
quire 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
improvements and to be assessed to pay the costs and expenses there-
of, and the exterior boundaries thereof, is the district described
in said Resolution of Preliminary Determination and of Intention.
That all public streets and highways within said assessment dis-
trict 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
~he 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, and of
the incidental expenses in connection therewith, contained in said
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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 acquisitions and improvements.
6. That the plans and specifications for the proposed im-
provements, 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 re-
quire, and said Council does hereby order the acquisitions and im-
provements 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 pro-
visions 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
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.
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10. That the assessment of the total amount of the costs and
expenses of the proposed acquisitions and improvements upon the
several subdivisionsof land in said assessment district in proportion
to the estimated benefits to be received by said subdivisions, re-
spectively, 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 assess-
ment to pay the costs and expenses of said acquisitions and improve-
ments.
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 Clty 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 there-
to his certificate of the date of such recording, and such recordation
~hall 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
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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.
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 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 18th
day of
thereof:
March
, 1968, by the following vote of the members
AYES, and in favor thereof" Councilmembers:Allemand, Duffin, Kennedy Jr.,
Quartiroli, Silva and Goodrich.
NOES, Councilmembers: None
ABSENT, Councilmembers: Wentworth
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APPROVED:
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ayor
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