Resolution 1991-05
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RESOLUTION NO.
91-5
RESOLUTION APPROVING REPORT AND ASSESSMENT
AND ORDERING IMPROVEMENT
COUNTRY ESTATES - PHASE I ASSESSMENT DISTRICT
The City Council of the City of Gilroy resolves:
This Council has taken a series of actions preliminary to
ordering the improvement in Country Estates - Phase I Assessment
District, city of Gilroy, Santa Clara County, California, and now
makes the following findings and orders:
1. The Council adopted a map showing the boundaries of the
land benefited by the proposed improvement. A copy of the boundary
map was filed in the office of the County Recorder of the County
of Santa Clara in the Book of Maps of Assessment and Community
Facilities Districts.
2. The Council adopted its Resolution of Intention to order
the improvement described therein under the Municipal Improvement
Act of 1913, and directed the Director of Public Works of the City
of Gilroy, as the Engineer of Work for the assessment district, to
prepare the report required by section 10204 of the Streets and
Highways Code.
The improvement is generally described as follows:
The acquisition of sanitary sewer facilities and water
facilities, together with all appurtenances thereto, all
as located and more particularly shown on the plans
entitled "Gilroy Country Club Trench Sewer Line" and
"Gilroy Country Club Estates, Tract No. 8136", prepared
by MH Engineering Company on file with the City Clerk of
the City of Gilroy which said plans are open to public
inspection and shall govern for all details.
3. The Engineer of Work filed the report as directed, and the
City Council called a hearing on the report as required by section
10301 of the Streets and Highways Code. Notice of the hearing was
given by publication, by street posting and by mailing to affected
property owners, all according to the Municipal Improvement Act of
1913. Affidavits of publication, posting and mailing were filed
with the City Clerk.
4. At the time and place for which notice was given, the City
Council conducted a public hearing and gave every interested person
RESOLUTION NO. 91 - 5
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an opportunity to object to the proposed improvement, the extent of
the assessment district, or the proposed assessment.
5. The Council finds that written protests against the
proposed improvement have not been made by owners representing more
than one-half of the area of the land to be assessed for the
improvement.
6. The documents and events described in paragraphs 1 to 4,
inclusive, are stated here in tabular form, with their dates and,
where appropriate, their numbers. All documents are now on file
with the City Clerk.
Document or Event
Date Number
11/5/90 90-72
12/27/90
12/17/90 90-79
12/17/90
12/17/90 90-80
12/26/90
12/27/90 & 1/3/91
12/28/90
1/22/91 91-5
a. Resolution approving boundary map
b. Boundary map filed with County Recorder
c. Resolution of Intention
d. Filing of Engineer's Report
e. Resolution accepting Report
f. certificate of Mailing
Notice of Improvement
g. Affidavit of publication
of Notice of Improvement
h. certificate of posting
Notice of Improvement
i. Public hearing conducted
7. The Council approves the Engineer's Report and each
component part of it, including each exhibit incorporated by
reference in the report.
8. The Council finds that the Engineer of Work, in the
Engineer's Report has fairly and properly apportioned the cost of
the improvement to each parcel of land in the assessment district
in proportion to the estimated benefits to be received by each
parcel, respectively, from the improvement. The City Council
hereby confirms and levies each individual assessment as stated in
the Engineer's Report.
9. This city Council orders the improvement described in
paragraph 2 and as detailed in the Engineer's Report.
10. Bonds representing unpaid assessments, and bearing
interest at a rate not to exceed twelve percent (12%) per annum,
will be issued in the manner provided by the Improvement Bond Act
of 1915 (Division 10, streets and Highways Code), and the last
installment of the bonds shall mature fourteen (14) years from the
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second day of September next succeeding twelve (12) months from
their date.
11. According to section 10603 of the Streets and Highways
Code, the City Council designates the City Treasurer to collect and
receive payment of the assessments.
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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 22nd
day of January, 1991, by the following vote of the members thereof:
AYES, and in favor, thereof, Councilmembers: GAGE, HALE,
KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN.
NOES, Councilmembers: None
ABSENT, Councilmembers: None
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