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Resolution 839 .~ ~-.t"\t;~~ t'''Y'~''{:~ ~ I :\..,., ~'?i.~, WID L . EAW: mr'(i.r "':. .~-: "-;"--. . , 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 @; 39 i'~ J.iill.iJlllO ri_.llfl.M!'iii~'~"~-,'''~'''''"''''''''~'_____ ~_"l!I 1~ fl. n J_"II.I!LJ,l..t'~__ ,. . o o 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. ;....-.......'-...~'___l'" J-_~ J ~ I .. o o (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. 3. I _U .1lI1111i~iloIIAIii"..L "'..'""'_....."I.~:I'l_ ,,~ __Urlll ~ ... o o (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. ~,,,,,;,,<,--,-~'--',",,,,,,_._,-,",~,--,,,,,,,,,,-,~ nunft _ _0_ .J J. J,j_ 111 - otIl'__~,,,,_~';M""_"',,,,._,,,_,,,, _ Jl. ~ .1" . "- ~.~~;f~"~'.,,~ ~~.t"~!I'~,.~""'i ", " 1k..t.A,~~:,,/!,...::,'~~ "",' ~",\'r ". .,It,. ""~"'''i',~..,. Ii"~"':z ~~~ ~'t,~'~"'lfi':'i..~~:,."",(.;~. ''', it' ~~,i""-;; :r""';t~~f>'~""""""",:,,, ._'.":!)"''':c.>2?'''f,~~'';} .~~i~' .. -tjJ~. ~.;t:~", . ' '. ''''~~.... '~'.. . .., , . ". ~,"'" . '''. .""., ". ",.'.'. ~(~.r-,..::~.,.ii:A'~l """,,,,,": ~ ,-., ,~,.;r,.:h " ': ~~>~:~~ .....I,'.'.:~. '..."""., r..;.,. ,~. "'".,;'C<~ ' ., " ' "f -,"";,,.: " Jf ili i."" . - '. ,",.,. .l\.' , ,...\\i!~', >1;'1:' . ''"'".''' . .... . - . "'" "'ll.' ,,:t 'J" '. ~ ~ ~.~~. ,";"" """" >:i',.. ,- , .., 1'-',;;;,: '.' .~; ,'1t, >"A :4 ~:,,~,- ~ . . (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. * * * * * * * * * * * * 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 ~ - {'/~ KENN TH L. PETERSEN Mayor 5. ...,.,~ . lP'i1!It':.r._w _'__.lIU'