Resolution 1978-98
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11/29/78
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RESOLUTION NO. 78-98
A RESOLUTION SETTING THE FEE FOR THE APPORTIONMENT
OF UNPAID ASSESSMENTS UNDER DIVISION 10 OF THE
STREETS AND HIGHWAYS CODE
RESOLVED, by the City Council of the City of Gilroy, Santa
Clara County, California, that
WHEREAS, Division 10 of the Streets and Highways Code, Part
10, Sections 8730 and 8734, inclusive, and Part 10.5, Sections 8740
to 8740.5, inclusive, provide for procedures for division of land
and bond;
WHEREAS, the above cited code provisions require the
legislative body to fix the fee for each separate part or parcel of
land into which the original lot or parcel has been divided or
transferred;
NOW, THEREFORE, IT IS ORDERED that:
1. Until further order of said Council, the fee for the first
two separate parts or parcels of land into which the original lot or
parcel is divided or transferred shall be $ 475.00
, and
$ 125.00
, for each of the third and subsequent parcels.
2. The Superintendent of Streets shall apportion said fees
among the divided assessments against the parcels and shall notify
the owner of the original parcel assessed (as the name of said owner
appears on the last equalized roll for taxes, or as it is known to
the Superintendent of Streets) of the order of said Council fixing
the fees of the apportionment and directing that payment thereof be
made to the Superintendent of Streets within 15 days of the
notification. In the event that the fees are not paid within 15
days of the notification, the Superintendent of Streets shall
prepare the amended assessment, and shall show thereon, but as part
RESOLUTION NO. 78-98
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of the total, the amount of costs and fees chargeable to each
divided parcel. The amount charged for fees and costs as shown on
the amended assessment as to each parcel shall be entered upon the
assessment roll and, as provided in Section 8734 of the Streets and
Highways Code, shall be collected along with the first installment
of the amended assessment. All such fees shall be deposited in the
treasury of the City, whether paid to the Superintendent of Streets
or collected with such amended assessment installments.
3. Funds received from said fees shall be used to defray the
expenses of the assessment apportionments, which expenses include,
but are not limited to:
a) Legal fees as follows: the sum of $50.00 for the
first two parcels into which the original lot or
parcel is divided and $25.00 each for the third and
subsequent parcels.
b) Engineering fees as follows: the sum of $ 400.00 for
the first two parcels into which the original lot or
parcel is divided and $ 100.00 each for the thi rd and
subsequent parcels.
c) Cost of publishing a Notice of Hearing and other costs.($25.00)
4. The Clerk shall forward certified copies hereof to the
Superintendent of Streets and to the Auditor of Santa Clara County,
California.
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I hereby certify the foregoing is a full, true and correct
copy of a resolution duly passed and adopted by the City Council of
the City of Gilroy, California, at a meeting thereof held on the
18th
day of
December
, 197~, by the following vote of the
members thereof:
AYES, and in favor thereof, Counci lmembers: CUNNINGHAM, HUGHAN, LINK,
PATE, STOUT and GOODRICH.
NOES,
Councilmembers:
None
ABSENT, Councilmembers:
APPROVED:
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Mayor