Resolution 1994-45
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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
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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 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
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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
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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,