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Resolution 1197 RESOLUTION NO. 1197 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DETERMINING THAT BUILDING AT 126 SOUTH CHURCH STREET HAS BEEN DEMOLISHED AND REMOVED AS A FIRE HAZARD PURSUANT TO THE ORDER INCLUDED IN RESOLU- TION NOo 1156 OF THE COUNCIL,PROVIDING FOR AS- SESSMENT OF THE COST OF SUCH REMOVAL AGAINST THE SAID PREMISES/FIXING TIME OF HEARING OBJECTIONS THERETO AND THE NOTICE TO BE GIVEN OF SUCH HEARING. WHEREAS, the Council of the City of Gilroy did heretofore and on the 6th day of November, 1967; adopt Resolution No. 1156 in which it determined that the building located at 126 South Church Street in the City of Gilroy was in a dilapidated, dangerous and unsafe condition and constituted a fire hazard and that it should be demolished and removed in accordance with Section 203 of the Uniform Building Code; 1961 Edition, heretofore adopted by the Coun- cil as the Building Code of the City and Notice of the said determin- ation and requiring the owners of the property to demolish and remove the said building from the said premises in accordance with the pro- visions of said Section 203 of the said Building Code was given to the owners of the property and who did nothing to cause the removal of said building and the Council did order in the said Resolution No. 1156 that the City of Gilroy proceed with the demolition and removal of said building in accordance with subdivisions (d) and (e) of said Section 203 and the said building has been demolished and removed in accordance with the said order and the cost thereof is the sum of $ 950.00 which the City of Gilroy has paid out of the City TreasurYi and, WHEREAS, the said Section 203 of the Uniform Building Code of the City of Gilroy provides that the City Council shall cause the cost of such removal and demolition to be paid and levied as a special assessment against the property and the same shall be collected in the manner provided for special assessment~ NOW, THEREFORE, BE IT RESOLVED and the Council does hereby order that the cost of demolishing and removing of said building herein fixed / / 77 - 1 - at the said sum of $ 950.00 shall; unless valid objec- tions thereto are filed with the Council on or before the time of the hearing hereinafter provided for, constitute a special as- sessment against the said premises a particular description of which is as follows: All that certain real property situate in the City of Gilroy, County of Santa Clara, State of Cali- fornia, described as follows: PORTION OF LOT 9, in Block 2; South Range 2 West as shown upon Map No.5, accompanying report of the Commissioner's in Henry Miller et al, Plain- tiffs vs. Massey Thomas et al, Defendants, in the Superior Court of the State of California, in and for the County of Santa Clara, Case Number 5536, and more particularly described as follows: BEGINNING at a point on the Northeasterly line of Church distant thereon 151.25 feet Southeasterly from the point of intersection of the said North- easterly line of Church Street with the Southeasterly line of Seventh Street, as said Streets are shown upon the Map above referred to, said point of begin- ning also being the Southernmost corner of that cer- tain parcel of land described in the Deed from Laura A. Green to Albert Sgheiza, dated January 23, 1936 and recorded February 51 1936 in Book 758 o. R., page 302, Santa Clara County Recordsi then leaving said last named line and running Northeasterly and along the southeasterly line of the land so des- cribed in the Deed to said Albert Sgheiza; 140 feet to the Easternmost corner thereof on the Southwest- erly line of an alleYi running thence Southeasterly and along the Southwesterly line of said alley; 63.75 feet to the dividing line between Lots 9 and 10, in Block 2, South Range 2 west, as said alley, lots, block and range are shown upon the Map above refer- red tOi running thence Southwesterly and along said last named dividing line 140 feet to the said North- easterly line of Church Streeti running thence North- westerly and along the said Northeasterly line of Church Street 63.75 feet to the point of beginning. and, BE IT FURTHER RESOLVED, that the 18th day of December , 196~_3 at the hour of 8: 00 pm.; in the Council Chambers at No. 10 South Rosanna Street, Gilroy, California, be and is hereby fixed as the time and place for hearing objections, if any there are, to the proceeding for declaring the said Special Assessment and that notice of said hearing be given by publication at least once in the Gilroy - 2 - Evening Dispatch, at least ten (10) days prior to the date of said hearing and by posting a like notice on the said premises and mail- ing a copy of the said notice to the owners of the property at least ten (10) dCo/s prior to said hearing and upon said hearing if no ob- jections have been filed and/or if any objections are filed and are held invalid, the Council shall establish the cost of said removal and demolishing of said building ~nd the cost of giving the said notice constituted as a special assessment against the said premises hereinabove described and the same shall constitute a lien on the property until paid and the amount thereof shall be collected with other taxes assessed against the property in the same manner as gen- eral City taxes and shall be subject to the same penalty and interest and the same procedure and sale in case of delinquencies as provided for City taxes. PASSED AND ADOPTED this 18th day of December, 1967, by the following vote: AYES: COUNCILMEMBERS: All emand, Duff in ,Kennedy ,Jr. ,Quart i rol i ,S i 1 va, Wentworth and Goodrich NOES: COUNCI LMEMBERS : None ABSENT: COUNCI LMEMBERS : None APPROVED: -j ~ . k~_c.:t$ '. .-eR~-e..4: Mayor ATTEST: f-?' / / .- ~~2~OV0'11uJ ~ . /4ut1,~ City Clerk / - 3 - I , SUSANNE E. PAYNE , City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 11G7 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 18th day of np-r.p.JTIhp-r . 19 h7 ' at wh i ch meet i n9 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 20th day of December ) l?-:JC;n~/ Z, City Clerk of the City