Resolution 1982- 58
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04/12/82
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RESOLUTION NO. 82- 58
A RESOLUTION FINDING AND DETERMINING THAT THE
PUBLIC CONVENIENCE AND NECESSITY REQUIRE
PROPOSED ACQUISITIONS AND IMPROVEMENTS
RONAN AVENUE - LIMAN AVENUE ASSESSMENT DISTRICT
RESOLVED, by the City Council of the City of Gilroy, California,
that
WHEREAS, on the 5th day of October, 1981, said Council, in
accordance with and pursuant to the Municipal Improvement Act of 1913,
Division 12 of the Streets and Highways Code of the State of
California, and Section 19 of Article XVI of the Constitution of the
State of California, adopted its Resolution No. 81-93 of Preliminary
Determination and of Intention, as amended, wherein it did preliminarily
determine that the public convenience and necessity require certain
acquisitions and improvements therein described in general terms;
WHEREAS, said Council thereupon appointed Monday, the 19th day
of April, 1982, 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 when and
where any and all persons interested could appear and show cause why
the Council should not find and determine that the public convenience
and necessity require the proposed acquisitions and improvements
without complying with Section 2800 and following of said Streets and
Highways 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 Act as evidenced by the certificates and affidavits on
file with the City Clerk; and
WHEREAS, said hearing was duly and regularly held at the time
and place advertised in said notices; persons interested appeared and
showed cause why the Council should not make the findings and
RESOLUTION NO. 82 - 58
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determinations hereinafter set forth; documentary and oral testimony on
the question of public convenience and necessity was duly introduced
and fully heard and considered by the Council; and all persons
interested desiring to be heard were given an opportunity to be heard,
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and all matters and things pertaining to said question of public
convenience and necessity were submitted and 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, that the public convenience and necessity require the proposed
acquisitions and improvements as generally described in said Resolution
No. 81-93, as amended, and Section 2800 and following of said Streets
and Highways Code shall not apply.
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I hereby certify that the foregoing resolution failed and did not
receive 4/5ths vote required by the City Council of the City of Gilroy,
California, at a regular meeting thereof held on the 19th day of April,
1982, by the following vote of the members thereof:
AYES, and in favor thereof, Councilmembers: GAGE, HUGHAN, LINK,
VALDEZ and GOODRICH.
NOES, Councilmembers:
ALBERT and TAYLOR
ABSENT, Councilmembers:
None
APPROVED:
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Mayor
Note: Above Resolution No. 82-58 rescinded by action of City Council on April 19~ 1982.
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