Resolution 856
~ '
EAW: amf
6-30-64 15C
RESOLUTION NO. 8s6
A RESOLUTION DETERMINING CONVENIENCE AND
NECESSITY, ORDERING ACQUISITIONS AND
IMPROVEMENTS AND DECLARING FORMATION OF
PARKING DISTRICT NO.1
PROJECT NO. 64-1
RESOLVED, by the City Council of the City of Gilroy, Santa
Clara County, California, that
vffiEREAS, on June 15, 1964, this Council adopted its Resolution
No. 837 of Preliminary Determination and of Intention to Acquire
and Improve Off-Street Parking Places and to Form Parking District
No.1, for the purpose of acquiring and improving off-street parking
places in the central commerical area of said City and to form said
area into a parking district, under and pursuant to Articles 1 and 4
of Chapter 5, of the Gilroy Improvement Procedure Code, as amended,
and to issue bonds and to levy an ad valorem assessment pursuant to
Bond Plan D {ad valorem land bonds), Article 5, Chapter 6 of sa id
Code;
WHEREAS, in said Resolution this Council did provide that said
contemplated acquisitions and improvements were of more than local or
ordinary public benefit and that the cost thereof and the expenses
incidental thereto would be assessed upon the district benefited
thereby, and more particularly described therein, which district
was therein declared to be the district benefited;
WHEREAS, in said Resolution the Council did declare its inten-
tion to form the area to be assessed into Parking District No.1,
pursuant to Article 5, Chapter 5 of said Code;
e~~
~ ~
WHEREAS, said Council thereby directed said City Engineer
to make and file with the Clerk of said City a report in writing,
in accordance with and pursuant to the Municipal Improvement Act
of 1913 referred to in Article 4, Chapter 5 of said Code;
WHEREAS, said report was duly made and filed with the Clerk,
whereupon the Clerk presented it to said Council for consideration;
vlliEREAS, 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 (a) maps and descriptions of off-street parking sites
to be acquired, (b) plans and specifications of the proposed improve-
ments to be made thereon, (c) an estimate of the itemized and total
estimated costs and expenses of the proposed improvements and of
the expenses incidental in connection therewith, and a map having
delineated thereon the boundaries of the assessment district and
parking maintenance district, all of which was done in the form and
manner required by said Code;
lVHEREAS, said Council found that said report and each and
every part thereof was sufficient in every particular and deter-
mined that it should stand as the report for all subsequent pro-
ceedings under said Code and Resolution of Preliminary Determination
and of Intention, whereupon said Council, pursuant to the require-
ments of said Code, appointed Monday, the 6th day of July, 1964,
at the hour of 8:00 o'clock P.M. of said day in the Council Chambers,
10 South Rosanna Street, Gilroy, California, as the time and place
for hearing protests in relation to said proposed acquisitions and
improvements, and directed the Clerk of said City to give notice of
said hearing as required by said Code;
lfHEREAS, it appears that notices of said hearing were duly
and regularly posted, published and mailed, 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;
2
WHEREAS, persons interested, objecting to said acquisi-
tions and improvements, or to the extent of the assessment district,
or to the proposed formation of the parking district, 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
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 acquisi-
tions and improvements were fully heard and considered by said Council;
and
WHEREAS, at said hearing, the Council did:
(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
pertaining to the proposed acquisitions and improvements or the
assessment district or said Resolution of Preliminary Determination
and 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
with the Clerk at or before the time set for the hearing, written
protests against the proposed acquisitions or improvements;
(e) Consider and finally determine whether the public
interest, convenience and necessity require the proposed acquisitions
and improvements;
(f) Consider all written protests against the grades at
which said improvements will be constructed;
(g) Consider whether all of the properties to be benefited
by said proposed acquisitions and improvements are contained within
the boundaries of said proposed district and whether al~ of the
properties contained within said proposed district will be benefited
thereby;
3
.
.
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 the costs and expenses of said project, or against the
grades at which said work is proposed to be done, or against the
diagram and assessment to pay for the costs and expenses thereof,
or against the formation of said parking district.
2. That any and all protests made either to the question of
the public interest, convenience and necessity of making said
acquisitions and improveme'1ts under said Resolution of Preliminary
Determination and of Intention, or to said proposed acquisitions
and improvements, or to the grades to which said work is proposed
to be done, or the extent of the assessment district, or the
formation of said parking district, and all persons desiring to be
heard in relation to any of said matters, whether as protestants or
otherwise, have been fully heard and considered, and are hereby
overruled.
3. That the public interest, convenience and necessity
require the acquisitions and improvements in the manner proposed,
that said improvements are planned and located in the manner which
will be most compatible with the greatest public good and the least
private injury, and that it is necessary to acquire the lands in
or leasehold
fee/described in the Resolution of Preliminary Determination and of
as modified
Intention, for said improvements,/and that 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 thereof,
and to be formed into said parking district, and the exterior bound-
aries thereof, is the district described in said Resolution of
Preliminary Determination and of Intention.
4
5. That all pUblic streets, highways and other public property
within said assessment district, in use in the performance of a public
function as such, shall be omitted 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 or for the
cost of maintenance and operation thereof.
6. That the Engineer's estimate of the itemized and total
estimated costs and expenses of said acquisitions and improvements,
and of the incidental expenses in connection therewith, contained
as modified,
in said report,fbe, 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.
7. That the maps and descriptions showing the off-street
as modified,
parking sites to be acquired, as contained in said report,jbe, and
the same are hereby, approved and confirmed as the lands to be
acquired therefor.
8. That the plans and specifications for the proposed improve-
as modified,
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.
9. That the public interest, convenience and necessity require,
and said Council does hereby order, the acquisitions and improvements
to be made as described in, and in accordance with said Resolution of
as modified,
Preliminary Determination and of Intention, and said report,Jbn file
in the office of the Clerk of said City, reference to which is hereby
made for a more particular description of said acquisitions and im-
provements and for further particulars, pursuant to the provisions
of said Code.
10. That the map showing the assessment district referred to
and described in said Resolution of Preliminary Determination and of
Intention, and also the boundaries and dimensions of said Parking
5
'-
as modified,
District, 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
and of the cost of the maintenance and operation thereof.
11. A parking improvement and maintenance district will be
formed for the purpose of paying the costs and expenses of acquiring,
constructing, reconstructing, installing, extending, enlarging, re-
pairing, improving, maintaining and operating public automobile
parking places therein by the City, the exterior boundaries of which
shall be coterminous with the exterior boundaries of the assessment
as modified,
district above described,/to be known as "City of Gilroy Parking
District No. 111, pursuant to Chapter 5, Article 5 of said Code.
* * * * * * * * * * * * * *
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
31st day of Aug., 1964, by the following vote of the members thereof:
AYES, and in favor thereof, Council Members: Quartiroli,
Goodrich, Jordan, Petersen, Eckard, Wentworth
NOES, Council Members: None
ABSENT, Council Members:
AP~,......
-Z ~~
~,
Mayor
6
I J
SUSANNE E. PAYNE
J City Clerk of the City of
Gilroy, do hereby certify that the attached Resolution No. 856
is an original resolution, duly adopted by the Council of the
City of Gilroy at a regular meeting of said Council held on the
31st
day of
Augus t
, 19~\ at which meeting
a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Gilroy, this 22nd day
of
/':-) I
\ //)<;
i ty Clerk of