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HomeMy WebLinkAboutResolution 385 RESOLUTION NO.385 RESOLUTION PRESCRIBING STEPS NECESSARY FOR CONDUCT OF A PUBLIC HEARING AND NOTICE THEREOF ON THE PUBLIC CONVENIENCE AND NECESSITY WHERE SPECIAL ASSESSMENT PROCEEDINGS ARE PROPOSED TO BE TAKEN FOR THE ACQUISITION AND/OR IMPROVEMENT OF PROPERTY WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESFIGATION,LIMITATION AND MAJORITY PROTEST ACT OF 1931. BE IT RESOLVED by the Common Council of the City of Gilroy as follows: FIRST: Prior to the adoption of any ordinance or resolution by the Common Council of the City of Gilroy,ordering the construction of any public improvement or the acquisition of any property for public use, or both,where the cost of such construction or acquisition is to be paid in whole or in part by special assessments or through special assessment taxes upon lands,and it appears that the public convenience and necessity require such undertaking or improvement and thatproceedings should be taken therefor without complying with the provisions of the Special Assessment Investigation,Limitation and Majority Protest Act of 1931,a?public hearing shall be held on said question of public -convenience and necessity and notice of said hearing shall be given in the time and manner as provided in this Resolution. SECBND: Prior to the adoption of any ordinance or resolution ordering the construction of any public improvement or acquisition of any prop- erty for public use,pursuant to any act providing for the levy of special assessments upon property,a resolution of preliminary determ- ination shall be passed and adopted describing the proposed improvement and the boundary lines of the District proposed to be assessed to pay therefor,and setting a time and place where and when any person interested,owning,or having an interest in the real property within the proposed assessment district,may file written objections and may appear and show cause,if any they have,why the said Conmon Council should not find and determine that the public convenience and necessity require the proposed improvement or acquisition without compliance with the Special Assessment Investigation,Limitation and Majority Protest Act of 1931. THIRD: Notice of the hraring above provided for shall be given to the owners of the property within the boundary lines of the district to be assessed to pay for the costs of said acquisition or improvement as follows: A. A notice setting forth the time and place of the hearing on the public convenience and necessity of said improvement shall be published twice in the newspaper designated in said resolution,the first of which publications shall be at least fifteen (15) dajs prior to the date fixed. for said hearing. The City Clerk shall give said notice. B. Notice of the hearing above proposed shall be posted for ten (10) days on or near the door of the Chamber of the Conmon Council of the City of Gilroy,State of California, the posting of which shall be completed at least ten ~10) days prior to the date fixed for said hearing. Both the notice provided for in this Subdivision B and that provided for in Subdivision A hereinabove set forth,shall briefly describe the proposed improvement. The Clerk shall post said Notice. FOURTH: An~ person interested,owning,or having an interest in re~l property within the district proposed to be assessed to pay for said acquisition or improvement may,on or before the time fixed for said hearing, file with the City Clerk written objections to undertaking said proceedings without first complying with the provisions of the Special Assessment Investigation,L~mitation and Majority Protest Act of 1931. Said objection shall bear the description of his property, and a statement of the nature of his objection. FIFTH: If no objections are filed as provided for herein,or when said objections shall have been heard and overruled,the Common Council may adopt a resolution finding and determining that public convenience and necessity require the proposed acquisition or improve- ment,or both, and that the Special Assessment Investigation,Limitation and Majority Protest Act of 1931 shall not apply. I certify that the foregoing resolution was adopted by the Common Council of the City of Gilroy at a regular adjourned meeting thereof held August 20,19S6,by the following vote: AYES: Councilmen Sanchez,Gallo,Rush,Wentworth NOES: Councilmen None ABSENT: Councilmen Pate, Petersen. ~ ~ t<r.c Clerk of t e 1. y of Gilroy ~D: ~~ Mayor