Resolution 1983-38
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3978A-154a
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WMA~DA:rva 03/28/83 12c
RESOLUTION NO. 83- 38
A RESOLUTION FINDING AND DETERMINING THAT THE
PUBLIC CONVENIENCE AND NECESSITY REQUIRE
PROPOSED ACQUISITIONS AND IMPROVEMENTS
EAST NINTH STREET ET AL. ASSESSMENT DISTRICT 83-1
RESOLVED, by the City Council of the City of Gilroy, California,
that
WHEREAS, on the 4th day of August, 1980, said Council, in
accordance with and pursuant to the Gilroy City Code, and Section 19 of
Article XVI of the Constitution of the State of California, adopted its
Resolution No. 80-71 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 4th day of
April, 1983, 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
said 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 the Streets and
Highways Code of the State of California, as provided in said Gilroy
City 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 Gilroy City Code 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 said Council should not make the findings and
RESOLUTION NO. 83 - 38
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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 said Council: and all persons
interested desiring to be heard were given an opportunity to be heard,
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. 80-71, as amended, and Section 2800 and following of said Streets
and Highways Code, as provided in said Gilroy City Code, shall not
apply.
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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,
adjourned
California, at anregular meetinq thereof held on the 22nd day of April,
1983, by the following vote of the members thereof:
AYES, and in favor thereof, Councilmembers:ALBERT, GAGE, HUGHAN,
TAYLOR, VALDEZ and LINK.
NOES, Councilmembers:
None
ABSENT, Councilmembers:
GOODRICH
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City Clerk of the
APPROVED:
~~._~ T,/~
Mayor Protempore
RESOLUTION NO. 83 - 38
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