Resolution 1996-14
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RESOLUTION NO. 96-14
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GILROY PROVIDING THAT GOVERNMENT
CODE SECTION 65402(a) SHALL NO LONGER
APPLY TO PROJECTS OF A MINOR NATURE
WHEREAS, Government Code Section 65402 (a) provides that
if a general plan has been adopted, no real property shall be
acquired by a city by dedication or otherwise for street, square,
park or other public purposes, and no real property shall be
disposed of, no street shall be vacated or abandoned, and no public
building or structure shall be constructed or authorized if the
adopted general plan or part thereof applies thereto, until the
location, purpose and extent of such acquisition or disposition,
such street vacation or abandonment, or such public building or
structure have been submitted to and reported upon by the planning
agency as to conformity with said adopted general plan or part
thereof; and
WHEREAS,
because Government Code
Section
65402 (a)
further authorizes legislative bodies to provide by resolution that
this subdivision shall not apply to: (1) the disposition of the
remainder of a larger parcel which was acquired and used in part
for
street
purposes;
(2)
acquisitions,
dispositions,
or
abandonments for street widening; or (3) alignment projects,
provided such dispositions for street purposes, acquisitions,
dispositions, or abandonments for street widening, or alignment
projects are of a minor nature; and
WHEREAS, it is the intent of the City Council to lessen
the administrative burden caused by projects of a minor nature by
establishing that Government Code Section 65402(a) shall not apply
to (1) the disposition of the remainder of a larger parcel which
was acquired and used in part for street purposes; (2)
acquisitions, dispositions, or abandonments for street widening; or
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RESOLUTION NO. 96-14
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(3) alignment projects, provided such dispositions for street
purposes, acquisitions, dispositions, or abandonments for street
widening, or alignment projects are of a minor nature;
NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION I
Government Code Section 65402 (a) shall not apply to (1) the
disposition of the remainder of a larger parcel which was acquired
and used in part
for street purposes;
(2)
acquisitions,
dispositions, or abandonments for street widening; or (3)
alignment projects, provided such dispositions for street purposes,
acquisitions, dispositions, or abandonments for street widening, or
alignment projects are of a minor nature.
PASSED AND ADOPTED this 25th day of March, 1996 by the
following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON,
SPRINGER, VALDEZ, GAGE
NOES: COUNCI LMEMBERS : None
ABSENT: COUNC I LMEMBERS : None
AP~ j~
Donald F. Gage,
Steinmetz,
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61-032004700002
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RESOLUTION NO. 96-14
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 96-14 is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 25th day of
which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
March
, 19~, at
Official Seal of the City of Gilroy this 28th day of
March
,1996.
(Seal)