Resolution 1992-46
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RESOLUTION NO. 92- 46
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY REGARDING MAINTENANCE DISTRICT NO.1,
CITY OF GILROY, GIVING FINAL APPROVAL TO THE
ANNUAL BUDGET AND ANNUAL ENGINEER I S REPORT,
OVERRULING PROTESTS AND ORDERING THE LEVY AND
COLLECTION OF BENEFIT ASSESSMENTS FOR THE
FISCAL YEAR 1992-1993
WHEREAS, pursuant to Division 3 of Article IV of Chap-
ter l2A of the Code of the City of Gilroy, this City Council on the
14th day of May, 1992 duly considered the annual budget and annual
engineer I s report (hereinafter referred to as "the Report") for the
fiscal year 1992-1993 for Maintenance District No.1, City of
Gilroy (hereinafter referred to as "the District"); and
WHEREAS, on that same day this Council adopted Resolution
No. 92-32, finding each and every part of the Report to be suffi-
cient and that neither the Report nor any portion thereof,
including the annual budget for the District as set forth in the
Report, required modification, and approving the Report without
modification; and
WHEREAS, the Report was then made available for public
inspection at the office of the City Clerk; and
WHEREAS, Resolution No. 92-32 also directed the City
Clerk to give notice of a public hearing at which this Council
would hear and rule on all protests, finally approve, confirm and
adopt the Report, and order the levy of the annual benefit
assessments, and the City Clerk has done the same in accordance
with the Resolution and pursuant to requirements of sections
l2A.207-209 of the Code of the City of Gilroy, all as more
particularly appears from the certificates or affidavits thereof
on file in the office of the city Clerk; and
WHEREAS, affected landowners were thus properly notified
and given opportunity to file with the City Clerk written protests
before and at the time of the hearing; and
RESOLUTION NO. 92 - 46
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WHEREAS, on the 15th day of June, 1992, the City Council
has held a duly noticed public hearing, at which hearing the
Council has considered the Report and any protests already
submitted, and all persons desiring to submit written or oral
protests to the amount of the assessment against his or her
property or to changes in the assessment formula or otherwise
desiring to be heard have been fully heard;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. All protests and objections of any kind, be they
written or oral, are hereby overruled; and
2. The Report is hereby finally approved, confirmed,
and adopted in every particular, without modification.
3. The annual benefit assessments necessary to support
the annual budget as set forth in the Report are hereby levied and
assessed against the properties lying within and benefitting from
the District, as identified in the Report, and are hereby ordered
to be collected upon the last equalized secured and utility tax
rolls upon which property taxes are collected.
4. Said Report together with the certificate of the
city Clerk as to the fact and date of final approval, confirmation
and adoption by this Council, shall forthwith be delivered to the
County Auditor of the County of Santa Clara who shall thereafter
deliver said report to the officer of the County of Santa Clara
designated by law to extend property taxes upon the tax roll, and
the proper County officer shall cause to be posted to the tax
rolls, in a column provided therefor, the amount of each of the
special benefit assessments ordered to be levied and collected for
said fiscal year as set forth in said Report as confirmed.
5. The City Clerk shall forward a certified copy of
this Resolution to the Director of Public Works, to the County
AUditor of the County of Santa Clara, and to the officer designated
RESOLUTION NO. 92 - 46
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by law to extend ad valorem property taxes upon the tax roll on
which they are collected.
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I HEREBY CERTIFY THAT the foregoing Resolution was duly
and regularly passed and adopted by the City Council of the City
of Gilroy, California at a regular meeting thereof held on the
15th day of June, 1992
by the following vote of the members
thereof:
AYES, and in favor, thereof, Councilmembers: GILROY, HALE,
KLOECKER, ROWLISON, VALDEZ and GAGE.
NOES, Councilmembers: None
ABSENT, Councilmembers:NELSON
ATTEST:
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Susanne steinmetz
City Clerk of the City of Gi1ro
APPROVED:
DO~~~'~
Mayor
RESOLUTION NO. 92 - 46
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 92-46
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the
15th
day of June
, 19~_,
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 19th day of
June
19 92.
( Seal)