Resolution 1993-43
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RESOLUTION NO. 93- 43
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 1993-1994
WHEREAS, pursuant to Division 3 of Article IV of
Chapter 12A of the Code of the city of Gilroy, this city Council
on the 21st day of June, 1993 duly considered the annual budget and
annual engineer's report (hereinafter referred to as "the Report")
for the fiscal year 1993-1994 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. 93-28, 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. 93-28 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 assess-
ments, and the city Clerk has done the same in accordance with the
Resolution and pursuant to requirements of section 54954.6 of the
California Government Code and sections 12A.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
RESOLUTION NO. 93 - 43
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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
WHEREAS, on the 28th day of June, 1993, and continued to
the 26th day of July, 1993, the City Council has held duly noticed
public hearings, at which hearings 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
RESOLUTION NO. 93 - 43
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Auditor of the County of Santa Clara, and to the officer designated
by law to extend ad valorem property taxes upon the tax roll on
which they are collected.
PASSED AND ADOPTED this 26th day of
July
, 1993
by the following vote:
AYES:
COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, VALDEZ
and GAGE.
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: ROWLISON
ATTEST:
4ne
lerk
E.. Steinmetz, ci
RESOLUTION NO. 93-43
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 93-43 is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 26th day of July 19 93
, 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 27th day of
July
,1993.
the City of
(Seal)