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Resolution 1994-28 .. oti.. . . 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 -1- J.\ . . 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 RESOLUTION NO. 94 - 28 -2- .! . . 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 -4- . . 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. -5- . . 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: ,/' RESOLUTION NO. 94 - 28 -3- . . .' , 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)