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Resolution 1994-45 ,..\"", . . ....... RESOLUTION NO. 94-45 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 1994-1995 WHEREAS, pursuant to Division 30f Article IV of Chapter 12A of the Code of the City of Gilroy, this City Council on the 25th day of April, 1994 duly considered the annual budget and annual engineer I s report (hereinafter referred to as "the Report") for the fiscal year 1994-1995 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. 94-37, 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. 94-37 also confirmed that the City Clerk was directed 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 section 54954.6 of the California Government Code and sections 12A.207-209 of the Code of the city of Gilroy, all as more particu- larly appears from the certificates or affidavits thereof on file in the office of the city Clerk; and RESOLUTION NO. 94-45 -1- '. . . ~_. 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 23rd day of May, 1994, the City Council held a duly noticed pUblic meeting to allow the public to ask questions and express opinions about the levy, and on the 6th day of June, 1994, the City Council held a duly noticed public hearing, at which hearing the Council 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 1994/95 assessments as presented, consisting of the following: 123 Parcels levied at $480.00 per Parcel are hereby approved and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. 3. The Report is hereby finally approved, confirmed, and adopted in every particular, without modification. 4. 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. 5. 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 RESOLUTION NO. 94-45 -2- . . . 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. 6. 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 by law to extend ad valorem property taxes upon the tax roll on which they are collected. PASSED AND ADOPTED this 6th day of June, 1994 by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ, GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ATTEST: / Susanne RESOLUTION NO. 94-45 -3- ~ . . -'" I, SUSANNE E. STEINMETZ, city Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 94-45 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6th day of June , 19 -2!...., 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 7th day of City Clerk~~ C~t~~ (Seal) June ,1994,