Resolution 1994-28
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RESOLUTION NO. 94- 28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY DECLARING THE COUNCIL'S INTENTION TO
LEVY AN ANNUAL ASSESSMENT FOR THE DOWNTOWN
GILROY BUSINESS IMPROVEMENT AREA FOR 1994 AND
SETTING A PUBLIC HEARING
WHEREAS, Ordinance No. 88-18 established the Downtown
Gilroy Business Improvement Area ("Area") pursuant to State law and
authorized the City of Gilroy to impose an assessment fee on
businesses within the Area; and
WHEREAS, it is in the interest of the Downtown Gilroy
Business Improvement Area that the Area be assessed annually to
benefit the businesses within the Area; and
WHEREAS, Streets and Highways Code sections 36533 and
36534 require that the City Council accept and approve a report
for each fiscal year for which assessments are to be levied and
adopt a Resolution of Intention to levy an annual assessment and
setting a public hearing thereon; and
WHEREAS, the City Council on this date has approved the
1994 Annual Report for the Downtown Gilroy Business Improvement
Area ("Report") prepared by the Gilroy Downtown Development
Corporation Board of Directors in its capacity as the Advisory
Board for the Area.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The city Council declares its intention not to
change the boundaries of the Area, or any benefit zone within the
Area.
2. The City Council declares its intention to levy and
collect assessments within the Area for the 1994 fiscal year.
3. The City Council reaffirms its determination to
exempt a new business within the Area from paying an assessment
hereunder for the license year during which it commenced business.
This exemption shall not apply to an existing business that has
RESOLUTION NO. 94 - 28
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changed ownership or location within the Area.
4. The proposed improvements and acti vi ties to be
funded in the Area are authorized by Ordinance No. 88-18, section
12A.241, and can be described generally as the promotion of
business activities within the Area. There are no substantial
changes proposed to be made to these improvements and activities.
5. The description of the location of the Downtown
Gilroy Business Improvement Area is set forth in Exhibit "A" and
is incorporated herein by this reference.
6. The 1994 Annual Report for the Downtown Gilroy
Business Improvement Area on file with the City Clerk provides a
full and detailed description of the improvements and activities
to be provided for the 1994 fiscal year, the boundaries of the Area
and the benefit zones within the Area, and the proposed assessments
to be levied upon the businesses within the Area for the 1994
fiscal year.
7. The City Council hereby sets a public hearing on
the levy of the proposed assessment for the 1994 fiscal year for
Monday, April 4, 1994, at 7:00pm at Gilroy City Hall, 7351 Rosanna
street, Gilroy, CA 95020.
8. Oral protests may be made at the public hearing and
written protests may be filed with the City Clerk at or before the
public hearing. Each written protest must contain a description
of the business in which the person SUbscribing the protest is
interested sufficient to identify the business and, if a person
subscribing is not shown on the official records of the City as the
owner of the business, the protest shall contain or be accompanied
by written evidence that the person subscribing is the owner of
the business. Any protest pertaining to the regularity or
sufficiency of the proceedings shall be in writing and shall
clearly set forth the irregularity or defect to which the objection
is made.
9. The Clerk is hereby directed to give notice of the
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EXHIBIT "A"
ZONE A
All that land in the City of Gilroy, County of Santa Clara, state
of California, more particularly described as follows:
Beginning at the intersection of the centerline of Seventh Street
with the prolongation of the easterly right of way line of the
twenty-foot wide alley between Eigleberry Street and Church Street;
thence easterly along said centerline to the Southern Pacific
Transportation Company westerly right of way line; thence northerly
along said line to the northeasterly corner of that Assessor's
Parcel 841-04-017 as shown on the 1988 roll; thence westerly along
the common line of Assessor's parcels 841-04-017 and 018, 1988
roll, to a point on the centerline of Monterey Street; thence north
along said centerline to a point intersecting the centerline of
Third Street; thence westerly along said centerline to a point
intersecting the prolongation of the westerly property line of
Assessor's Parcel 799-04-023, 1988 roll, fronting on Eigleberry
Street; thence southerly along the west line of said Assessor's
Parcels 799-04-023 and 024 and 025; thence traversing along the
west lines of Assessor's parcels 799-04-026 and 027 to the west
line of 028; thence southerly along said west line of parcel 028
and the west line of those parcels fronting Eigleberry Street and
continuing along the same general course along the common lines of
parcels fronting Eigleberry Street and parcels fronting Church
Street to a point 100 feet more or less north of sixth Street on
the north line of Assessor's Parcel 799-07-032, 1988 roll; thence
traversing to the west and south along the west line of said Parcel
032 to the centerline of West sixth Street; thence easterly along
said centerline to a point intersecting the easterly right of way
line of the twenty-foot wide alley between Eigleberry Street and
Church Street; thence southerly along said easterly line to the
Point of Beginning.
ZONE B
All that land in the City of Gilroy, County of Santa Clara, State
of California, more particularly described as follows:
Beginning at the point of intersection of the northerly line of
First Street with the westerly line of Monterey Street; thence in
an easterly direction, across Monterey Street and across the
northerly line of Assessor's Parcel 841-02-008, 1988 roll, to the
southwesterly line of the Southern Pacific Transportation Company
right of way, and diagonally across said right of way to the
northeasterly right of way line, and southerly along said right of
way line to the westerly corner of Assessor's Parcel 841-04-006,
1988 roll; thence traversing said parcel, northeasterly to the
westerly right of way of Forest Street, southeasterly 397 feet to
the northerly line of Assessor's Parcel 841-04-001, 1988 roll;
thence southwesterly along said line, 100 feet and southerly to
the centerline of Lewis Street; thence along said centerline in a
southwesterly direction to the southwesterly line of an alley
between Alexander Street and Railroad Street; thence along said
southwesterly line in a southeasterly direction to the northerly
line of Old Gilroy Street; thence at right angles and diagonally
across Old Gilroy Street to the Southern Pacific Transportation
Company railroad track; thence along said railroad track,
southeasterly to the northerly line of Tenth Street; thence along
said line, southwesterly to the westerly line of Monterey Street;
thence continuing southwesterly, 152.76 feet, more or less, to the
westerly line of Assessor's Parcel 799-11-033, 1988 roll; thence
northwesterly, along the westerly property line of the properties
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fronting Monterey street to the northerly line of Eighth street;
thence southwesterly along said line to the easterly line of a
twenty-foot wide alley between Eigleberry street and Church street;
thence northwesterly along said line to the centerline of Seventh
Street; thence easterly along said centerline to the Southern
Pacific Transportation Company westerly right of way line; thence
northerly along said line to the northeasterly corner of Assessor's
Parcel 841-04-017, 1988 roll, southerly 94 feet, more or less, from
the prolongation of the southerly right of way of Third Street;
thence westerly along the common line of Assessor's Parcels 841-
04-017 and 018, 1988 roll, to a point on the centerline of Monterey
Street; thence north along said centerline to a point intersecting
the centerline of Third Street; thence westerly along said
centerline to a point intersecting the prolongation of the westerly
property line of Assessor's Parcel 779-04-023, 1988 roll; thence
northerly on a course between Assessor's Parcels 799-03-035 and
036; thence in a northwesterly direction along said common line,
and along the southeasterly and southwesterly lines of those
parcels fronting on Eigleberry Street to the southwesterly line of
Assessor's parcel 779-03-023, 1988 roll; thence northwesterly along
the southwesterly line of said parcel to the common line between
Assessor's Parcels 799-01-014 and 015, 1988 roll; thence
northwesterly along said common line and continuing along the
southwesterly lines of those parcels fronting on Eigleberry Street
to the northwesterly line of First Street; thence along the
northwesterly line of First Street to the Point of Beginning.
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public hearing by causing a copy of this Resolution to be published
once in a newspaper of general circulation in the City not less
than seven days prior to the time fixed for said hearing.
PASSED AND ADOPTED this 21st day of March, 1994 by the
following vote:
AYES:
COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ and GAGE.
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
ATTE~T:
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RESOLUTION NO. 94 - 28
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 94-28
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 21st day of
March
, 19 94
, 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 22nd day of
March
,1994.
,AA<J~M~
/ City Clerk of the City of Gilroy
(Seal)