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Resolution 1129 ~vJ1:1L: PDA: gmb 6/ '// .,'( oc RESOLUTION NO. 1129, A RESOLUTION DETERMINING CONVENIENCE AND NECESSITY~ ADOPTING ENGINEER'S REPORT~ CONFIRMING ASSESSMENT AND ORDERING WORK AND ACQUISITIONS SOUTH CHESTNUT STREET EXTENSION PROJECT NO. 1967-1 RESOLVED, by the City Council of the City of Gilroy, Californi , that WHEREAS, on the 1st day of May, 1967, said Council adopted its Resolution No. 1110 of Preliminary Determination and of In- tention 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 City Engineer 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 Determina- Ition and of Intention, and being a competent person employed by II said City for that purpose; Ii II WHEREAS, said Council thereby directed said City Engineer I to make and file with the City Clerk of said City a report in iwriting in accordance with and pursuant to the Code of the City II I of Gilroy; I WHEREAS, said report was duly made and filed with the City Clerk, whereupon the City Clerk presented it to said Council for I consideration; I I I WHEREAS, said Council thereupon duly considered said report and each and every part thereof, and found that it contained all I 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 improve- I,ments, (3) estimate of costs, (4) diagram of district, and (5) an II / /29 II lillr I I i WHEREAS, said Council found that said report and each and evert' I part thereof was sufficient in every particular and determined that II it should stand as the report for all subsequent proceedings under I I assessment according to benefits, all of which was done in the form and manner required by said Code; said Code and Resolution of Preliminary Determination and of In- tention, whereupon said Council, pursuant to the requirements of said Code, appointed Monday, the 5th day of June, 1967, at the hour of 8:00 o'clock P.M. of said day in the Council Chambers, i Gilroy, California, as the time and place for hearing protests in I I relation to said proposed acquisitions and improvements, and di- rected 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; lffiEREAS, persons interested, objecting to said acquisi tions and improvements~ or the extent of the assessment district, or to the proposed assessment or diagram, or to the maps and de- scriptions, or to the grades at which said work will be done, or to the Engineer1s 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 costs and expenses of said project~ or against the maps and descriptions, or agains~ the grades at which said work 2: c_.__,_,-,~_"... '''---1 'l"~"'W'" . ",'",~"" '''_''''''""~.;,'"c 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 ac- quisitions and improvements under said Resolution of Preliminary I, Determination and of Intention, or to said proposed acquisitions ,I il 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 II considered, and are hereby overruled. ill 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 im- provements 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 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 modi- fied, and of the incidental expenses in connection therewith, con- tained 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 acquisitions 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. 3. 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 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 acquisi- tions 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~ 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, 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. 4. II II I, II [I J \ 12. That the Clerk of said City shall forthwith deliver to I' the Superintendent of streets of said City the said assessment I together with diagram thereto attached and made a part thereof, !I as confirmed by this Council, with her certificate of such con- II firmation thereto attached and of the date thereof; and that 11 il said Superintendent of Streets shall record said diagram and \1 assessment in his office in a suitable book to be kept for that il II 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 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 Ilpayment thereof, the effect of failure to pay within such time, land a statement of the fact that bonds will be issued on unpaid assessments pursuant to Bond Plan B, Chapter l2A, Article III, I Divisions 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 circula- ted in said City, that said assessment has been recorded, and that all sums assessed thereon are due and payable immediately, and r I I I that the payment of said sums is to be made within thirty (30) days after the date of recording said assessment, which date shall 5. be stated in said notice, and of the fact that bonds will be issued upon unpaid assessments as above provided. II il i correct copy of a resolution duly passed and adopted by the City I Council of the City of Gilroy, California, at a meeting thereof II I held on the 3rd day of of the members thereof: * * * * * * * * I hereby certify that the foregoing is a full, true and July , 1967, by the following vote AYES, and in favor thereof, Councilmembers: All emand, Duffin,Kennedy,Jr.,Silva,Wentworth, and Goodrich. NOES~ ABSENT, Councilmembers: None Councilmembers: APPROVED: . / / ~~ Mayor 6.