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Resolution 1991-05 f . . ~ 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 .. . . . -.> 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 2 .- . . ~ 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. * * * 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 d: cl~the "OVED ,/4IL1!~ Ii, j' Mayor / / / C.// 3