Resolution 1981-59
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04/16/81' l2c.
RESOLUTION NO. 81- 59
A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT,
CONFIRMING THE ASSESSMENT AND ORDERING THE
WORK A~D ACQUISITIONS
OBATA INDUSTRIAL PARK ASSESSMENT DISTRICT
RESOLVED, by the City Council of the City of Gilroy, California,
that
WHEREAS, on the 27th day of October, 1980, said Council adopted
its Resolution of Intention No. 80-104 to acquire and construct public
improvements in said City, and referred the proposed acquisitions and
improvements to the Engineer of Work of said City, he being a competent
person appointed by said City for the purpose of having charge and
control of the acquisition and construction of public improvements in
and for said City of the kind described in said Resolution of Intention~
WHEREAS, said Council thereby directed said Engineer of Work to
make and file with the City Clerk of this City a report, in writing, in
accordance with and pursuant to the Gilroy City Code~
WHEREAS, said report was duly made and filed with the City Clerk,
whereupon the Clerk presented it to this 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)
plans and specifications of the proposed improvements, (2) estimate of
costs, (3) diagram of district, (4) an assessment according to benefits,
and (5) maps and descriptions of lands and easements to be acquired, all
of which was done in the form and manner required by said Code~
WHEREAS, said Council found that said report and each and every
part thereof was sufficient in every particular and determined that it
should stand as the report for all subsequent pro~eedings under said
Code and said Resolution of Intention, whereupon said Council, pursuant
to the requirements of said Code, appointed Monday, the 18th day of
RESOLUTION NO. 81 - 59
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May, 1981, at the hour of 8:00 o'clock p.m. of said day in the regular
meeting place of said Council, Council Chambers, City Hall, 7351 Rosanna
Street, Gilroy, California, as the time and place for hearing protests
in relation to said acquisitions and improvements and directed the
Clerk of said City to give notice of said hearing as required by said
Code;
WHEREAS, it appears that notices of said hearing were duly and
regularly posted, mailed and published in the time, form and manner
required by said Code, as evidenced by the certificates and affidavits
on file with said Clerk, whereupon said hearing was duly and regularly
held at the time and place advertised in said notices; and
WHEREAS, persons interested objecting to said acquisitions and
improvements, or to the extent of the assessment district, or to the
proposed assessment or diagram, or to the grades at which said work
will be done, or the Engineer's estimate of the cost and expenses
thereof, or to the maps and descriptions, 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 acquisitions
and improvements were fully heard and considered by said Council, and
were overruled, and said Council has acquired jurisdiction to order
said acquisitions and improvements and the confirmation of said diagram
and assessment to pay the cost and expenses thereof;
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 said
proposed acquisitions and improvements as a'whole, or against said
district or the extent thereof to be assessed for. the cost and expenses
of said acquisitions and improvements as a whole, or as to the
Engineer's estimate of cost and expenses of said project, or against
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the grades at which said work is proposed to be done, or against the
maps and descriptions, or against the diagram and assessment to pay for
the cost and expenses thereof.
2. That any and all protests made either to said proposed
acquisitions and improvements, or the grades at which said work is
proposed to be done, or the extent of the assessment district, or the
amounts of the several assessments, or the maps and descriptions, 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 have been overruled.
3. That the district benefited by said acquisitions and
improvements and to be assessed to pay the cost and expenses thereof,
and the exterior boundaries thereof, is the district described in said
Resolution of Intention and made a part hereof by reference thereto.
4. 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 cost
and expenses of said acquisitions and improvements.
5. That the Engineer's estimate of the itemized and total cost
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 Engineer's
total and detailed estimate of the cost and expenses of said
acquisitions and improvements.
6. That the plans and specifications for the proposed
improvements 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.
7. That the public interest and convenience require, and said
Council does hereby order the acquisitions and improvements to be made
and done as described in and in accordance with said Resolution of
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Intention on 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 improvements and for further particulars pursuant to
the provisions of said Code.
8. 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 cost and expenses of said
acquisitions and improvements.
9. That the assessment of the total amount of the cost 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, respectively, from said
acquisitions and improvements, and of the expenses incidental thereto,
as contained in said report, be, and the same is hereby, finally
approved and confirmed as the assessment to pay the cost and expenses
of said acquisitions and improvements.
10. That the maps and descriptions of the acquisitions to be
made, as contained in said report, be, and the same are hereby,
approved and confirmed.
11. That said Engineer's Report be, and the same is hereby,
finally adopted and approved as a whole.
12. That the Clerk of this City shall forthwith deliver to the
Superintendent of Streets of said City the assessment, together with
said diagram thereto attached and made a part thereof as confirmed by
this Council, with her certificate of such confirmation thereto
attached and of the date thereof, and that said Superintendent of
Streets shall forthwith record said diagram and assessment in his
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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 therein.
13. That the Collection Officer, upon the recording of said
diagram and assessment, shall cause to be mailed to each owner of real
property within the assessment district at his last known address as
the same appears on the tax rolls, or on file in the office of the City
Clerk, 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 date of the recordation of said assessment, the
time and place of payment thereof, the effect of failure to pay within
such time, and a statement of the fact that bonds will be issued on
unpaid assessments pursuant to Bond Plan B, Division 3, Article III,
Chapter l2A of the Gilroy City Code.
14. That said Collection Officer shall also cause Notice to Pay
Assessments to be published in the Gilroy - Morgan Hill Dispatch, a
newspaper published and circulated in said City, that said assessment
has been recorded and that all sums assessed thereon are due and
payable immediately and that the payment of said sums is to be made
within thirty (30) days after the date of recording said assessment,
which date shall be stated in said notice, the effect of the failure to
pay assessments within the thirty (30) day period, and of the fact that
bonds will be issued upon unpaid assessments as above provided. Said
publication shall be made once a week for two successive weeks with at
least five (5) days intervening between the respective publication
dates, not counting such publication dates.
15. That final adoption and approval of the Engineer's Report as
a whole, and of the plans and specifications, estimate of the cost and
expenses, maps and descriptions of the lands and easements to be
acquired, the diagram and the assessment, as contained in said Report,
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as hereinabove determined and ordered, is intended to and shall refer
and apply to said Report, or any portion thereof, as amended, modified,
revised or corrected by, or pursuant to and in accordance with any
resolution or order, if any, heretofore duly adopted or made by this
Council.
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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 1st day of June,
1981, by the following vote of the members thereof:
AYES, and in favor thereof, Councilmembers: ALBERT, CUNNI'1GHAH,
HUGHAN, LINK, PATE, TAYLOR and GOODRICH.
NOES, Councilmembers: None
ABSENT, Councilmembers:
None
oy
APPROVED:
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RESOLUTION NO. 81 - 59
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