Resolution 839
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RESOLUTION NO. 839
APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION
TO PROPOSED ACQUISITION AND IMPROVING OF OFF-STREET
PARKING PLACES AND FORMATION OF
PARKING DISTRICT NO. 1
PROJECT NO. 64-1
RESOLVED; by the City Council of the City of Gilroy; Califor-
nia" that
WHEREAS) pursuant to Resolution No. 837
of Preliminary
Determination and of Intention of this City Council" adopted pur-
suant to Articles 1 and 4> Chapter 5 of the Gilroy Improvement
Procedure Code) the City Engineer of said City has filed with the
City Clerk of this City the written report called for under said
Code and by said Resolution of Preliminary Determination and of
Intention; which report has been presented by said City Clerk to
this City Council for consideration, and this Council has con-
sidered and preliminarily approved and confirmed said report" and
ordered that the same stand as the report for the purpose of all
subsequent proceedings had pursuant to said Resolution of Prelim-
inary Determination and of Intention.
NOVf, THEREFORE; IT IS ORDERED, as follows:
Monday
1. That ~tt~i~AY> the 6th day of July; 1964" at the hour of
8:00 o'clock P.M. in the Council Chambers, 10 South Rosanna Street"
Gilroy; California~ are the time and place appointed and fixed
when and where this Council will do as follows:
(a) Hear all persons having an interest in any real
property within the proposed district.
(b) Hear all objections, protests or other written
communications from any persons interested in any real property
within the proposed district.
(c) Take and receive oral and documentary evidence per-
taining to the proposed acquisitions and improvements or the
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assessment district or said resolution of intention or said
report.
(d) Determine whether the owners of a majority of the
area of the properties in the proposed assessment district have
filed written protests with the Clerk at or before the time set
for the hearing.
(e) Consider and finally determine whether the public
interest; convenience and necessity require the acquisitions and
improvements.
(f) Consider all written protests against the grades
at which said improvements will be constructed.
(g) Consider and determine whether all of the proper-
ties to be benefited by said proposed acquisitions and improve-
ments are contained within the boundaries of said proposed dis-
trict and whether all of the properties contained within said
proposed district will be benefited thereby.
2. The Clerk shall cause to be published once a week for
two weeks in the Gilroy Evening Dispatch; a newspaper of general
circulation printed and published in said City; and hereby desig-
nated for that purpose" a notice of the passage of said resolution
of intention" of the filing of said report" and of said time and
place of hearing.
3. The Clerk shall cause to be posted copies of said
notice" with the title at least one-half inch in height, on all
public streets within the assessment district, at not more than
three hundred feet apart on each street so posted, but not less
than three in all.
4. Said notice to be published and posted shall be en-
titled "Notice of Improvement" and shall:
(a) Briefly describe the proposed acquisitions and
improvements and the district proposed to be assessed for the
costs and expenses thereof.
2.
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(b) State the fact and date of passage of the resolu-
tion of intention) the filing of the report and the time and place
set for hearing protests.
(c) Refer to the resolution of intention and the report
for further particulars.
(d) State that any person interested in any property
proposed to be assessed may; at or before the time set for hear-
ing~ sign and file with the City Clerk a written protest contain-
ing a description of his proposed property and the grounds of his
protest" and that he may appear at said hearing and be heard in
relation thereto.
5. The Clerk shall cause notices to be mailed" postage
prepaid" as follows:
(a) To all persons owning real property proposed to be
assessed~ whose names and addresses appear on the last equalized
assessment roll for city taxes) including the utilities roll; at
said addresses.
(b) In case of transfers of land" or parts thereof"
subsequent to the date on which the last Assessor's roll was
prepared" to such transferee at his name and address as appear
on the records in the Assessor's office which the Assessor will
use to prepare the next ensuing Assessor's roll.
(c) To all such persons" including property assessed
by the State under Section 14 of Article XIII of the California
Constitution~ who have filed with the County Assessor for the
current fiscal year; a statement of his name" address) and a
description of the property owned by him> requesting that a
notice of all proposals affecting such property shall be mailed
to him. (Gov. Code" 58905), at said address.
(d) To such person at his address as otherwise known
to the Clerk.
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(e) In case of doubt as to the name and address of any
owner" the Clerk shall cause said notice to be conspicuously posted
on the property of such person in the assessment district" at or
near the entrance thereto" so that it will be visible to persons
on, entering" leaving or passing said property.
6. Said notices to be mailed shall:
(a) State the nature of the proposed improvements.
(b) State the fact and date of the passage of the
resolution of intention and of the filing of the report.
(c) Refer to the resolution of intention and the
report for further particulars.
(d) State the total estimated cost of the proposed
improvements.
(e) State that the cost of said improvements will be
paid by the levy of special assessments over a period of not to
exceed forty years by annual ad valorem assessments levied in
the ratio of the assessed valuation of taxable land, exclusive
of improvements) within the proposed district as shown on each
annual roll on which City taxes are collected.
(f) State the time; place and purpose of the proposed
hearing on the resolution of intention and report.
(g) State that any person interested in any property
proposed to be assessed may, at or before the time set for hear-
in~" sign and file with the City Clerk a written protest contain-
ing a description of his proposed property and the grounds of his
protest and that he may appear at said hearing and be heard in
relation thereto.
7. Said protests may be filed upon any of the following
grounds:
(a) Against the making of the acquisitions and im-
provements or any thereof.
(b) Against the grades at which any of said work is
proposed to be done.
4.
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(c) Against the boundaries of the proposed assessment
district or the extent thereof.
(d) Against the total estimated cost of the project
or the manner of apportioning the assessments or the amount
thereof to be assessed upon his property.
(e) Against the regularity or legality of any of the
proceedings had or to be had in said project.
8. Said posting and mailing and the first publication of
said notices shall be had not later than ten days prior to the
day fixed for hearing.
9. Affidavits of publication, posting and mailing shall be
made and filed with the Clerk.
10. The Clerk shall endorse on each protest the date of its
receipt, which shall show whether said protest was filed at or
prior to the hour fixed for said hearing; and at the time appointed
for hearing shall present to the Council all protests filed with
him.
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I hereby certify that the foregoing resolution was duly and
regularly adopted and passed by the City Council of the City of
Gilroy, California" at a regular meeting thereof held on the 15th
day of June~ 1964; by the following vote:
AYES, and in favor thereof" Counci~~rs: Duffin,Eckard,Goodrich,
Jordan,QuartiroJi,Wentworth, and Petersen.
NOES" CouncillMemb:ers: None
ABSENT" Councilntimlbers: None
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KENN TH L. PETERSEN
Mayor
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