Resolution 1051
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RESOLUTION NO. \ I 051
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT,
CONFIRMING THE ASSESSMENT AND ORDERING THE WORK
AND ACQUISITIONS
NORTH CHURCH STREET EXTENSION
PROJECT NO. 1966-1
RESOLVED, by the City Council of the City of Gilroy,
California, that
WHEREAS, on the 20th day of June, 1966, said Council
adopted its Resolution of Intention No. 1028 to acquire and
construct public improvements in said City, and referred the
proposed acquisitions and improvements to the City Engineer of
said City, he being the officer having charge and control of the
construction of improvements in and for said City of the kind
described in said Resolution of Intention and being a competent
person appointed by said Council 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 Gilroy City Code;
WHEREAS, said report was duly made and filed with the City
Clerk of said City, whereupon said Clerk presented it to the
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 assess-
ment according to benefits, all of which was done in the form and
manner required by said Act;
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WHEREAS,
persons interested, objecting to said acqui-
sitions and improvements, or to the extent of the assessment dis-
trict, 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 City Clerk of said City
at or before the time set for 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 improve
ments were fully heard and considered by said Council, and
were overruled
and said Council has acquired jurisdiction to order said acqui-
sitions and improvements and the confirmation of said diagram and
assessment to pay the costs and expenses thereof.
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NOW, THEREFORE, said Council does hereby FIND, DETERMINE and
ORDER, as follows:
1. That the owners of one-half of the area to be assessed
for the cost of the project did not, at or prior to the time fixed
for said hearing file written protests against the said proposed
acquisitions and improvements as a whole, or against the said
district or the extent thereof to be assessed for the costs and
expenses of said acquisitions and improvements as a whole, or as
to the Engineer's estimate of said costs and expenses, or against
the maps and descriptions, or against the diagram or assessment
to pay for the costs and expenses thereof.
2. That the district benefited by said acquisitions and
improvements and to be assessed to pay the costs and expenses
thereof, and the exterior boundaries thereof are more particularly
described in said Resolution of Intention and made a part hereof
by reference thereto. 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.
3. 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 Intention.
4. 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
report, be, and it is hereby, finally adopted and approved as the
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iiEngineer's total and detailed estimate of the costs and expenses
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of said acquisitions and improvements.
5. That the maps and descriptions of the lands and ease-
ments to be . acquired, as contained in said report, be, and the
same are hereby, finally approved and confirmed.
6. That the public interest and convenience require, and
said Council does hereby order the acquisitions and improvements
to be made as described in and in accordance with said Resolution
of Intention on file in the office of the City Clerk of said City,
reference to which is hereby made for a more particular description
of said acquisitions and improvements, and also for further particu
lars pursuant to the provisions of said Gilroy City Code.
7. That the diagram showing the assessment district referred
to and described in said Resolution 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 of Intention, 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.
8. 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 district in proportion to the
estimated benefits to be received by said subdivisions, respec-
tively, from said acquisitions and improvements, and of the ex-
penses incidental thereto, 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 improvement .
9. That said Engineer's report be, and the same is hereby,
finally adopted and approved as a whole.
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10. That the City Clerk shall forthwith deliver to the
Superintendent of Streets the said assessment, together with
said diagram thereto attached and made a part thereof, as con-
firmed by this Council, with his certificate of such confirmation
thereto attached and of the date thereof; and that said Superin-
tendent of Streets shall record said diagram and assessment in his
office in a suitable book to be kept for that purpose, and append
thereto his certificate of the date of such recording, and such
recordation shall be and constitute the assessment roll herein.
11. That said Superintendent of Streets, upon the record-
ing of said diagram and assessment, shall mail to each owner of
real property within the assessment district at his last known
address as the same appears on the tax rolls of the City or on
file in the office of the City 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 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 the unpaid assessments
pursuant to Bond Plan B of the Gilroy City Code.
12. That said Superintendent of Streets shall also give
notice by publishing a copy of a Notice to Pay Assessments by
two (2) successive insertions in the Gilroy Evening Dispatch,
a newspaper published in said City that said assessment has been
recorded in his office, and that all sums assessed thereon are
due and payable immediately, and that the payment of said sums
is to be made 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
1st
day of
August
, 196~, by the following vote
of the members thereof:
AYES, and in favor thereof, Counci11llelfiba!rs: All emand, Eckard,Wentwerth,
and Petersen.
NOES, Council~Jjers: None
ABSENT, CouncilIllllMlnbers: Goodrich and Q.uartiroli.
ABSTAINED, Council Member: Dufffo
~ oA~ Gilroy
APPROVED:
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