Resolution 1980- 71
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RESOLUTION NO. 80- 71
A RESOLUTION OF PRELIMINARY DETERMINATION
AND OF INTENTION
EAST NINTH STREET ET AL. ASSESSMENT DISTRICT
RESOLVED, by the City Council of the City of Gilroy, California,
as follows:
1. Said Council does hereby preliminarily determine that the
public interest, convenience and necessity require, and it intends to
order the following work to be done and acquisitions and improvements
to be made, to wit:
a) The acquisition of property necessary for the
widening of Alexander Street between East Ninth
Street and Tenth Street and the improvement thereof
and of East Ninth Street between Alexander Street
and Crocker Lane, Tenth Street between Chestnut
Street and the Southern Pacific Railroad right-of-way
and the existing alley, being an extension of Forest
Street between Eighth Street and Ninth Street by
clearing, grubbing, excavation and grading and the
construction therein of base, pavement, curbs,
gutters and sidewalks, where required, street
lighting and surface and subsurface storm drainage
facilities, where required, together with all work
auxiliary to any of the above.
b) The acquisition of all lands and easements and the
performing of all work auxiliary to any of the above
and necessary to complete the same.
2. To the extent that work, rights, improvements or acquisitions
indicated in the Engineer's Report, to be made as provided herein, are
shown to be connected to the facilities, works or systems of, or are to
be owned, managed and controlled by, any public agency other than this
City, or of any public utility, it is the intention of said Council to
enter into an agreement or agreements with the public agency or public
utility or both pursuant to Chapter 2 (commencing with Section 10100)
of Division 12 of the Streets and Highways Code of the State of
California, as provided in the Gilroy City Code, which agreement or
agreements shall provide for the ownership by said agency or utility of
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such works, rights, improvements or acquisitions by said agency or
utility in accordance with its rates, rules and regulations, and that
said agreement or agreements shall become effective after proceedings
have been taken for the levy of the assessments and sale of bonds and
funds are available to carry out the terms of any such agreement or
agreements.
3. All of the blocks, streets and alleys herein mentioned are
shown on maps of record in the office of the County Recorder of Santa
Clara County, State of California, and shall be shown upon the plans
herein referred to and to be filed with the City Clerk of said City.
4. Whenever any public way is herein referred to as running
between two public ways, or from or to any public way, the intersections
of the public ways referred to are included to the extent that work
shall be shown on the plans to be done herein.
5. All of said work and improvements are to be constructed at
the places and in the particular locations, of the forms, sizes,
dimensions and materials, and at the lines, grades and elevations, as
shown and delineated upon the plans, profiles and specifications to be
made therefor, as hereinafter provided.
6. There is to be excepted from the work above described any of
such work already done to line and grade and marked excepted or shown
not to be done on said plans, profiles and specifications.
7. Said Council does hereby adopt and establish as the official
grades for said work, the grades and elevations to be shown upon said
plans, profiles and specifications. All such grades and elevations are
to be in feet and decimals thereof with reference to the datum plane of
the City of Gilroy.
8. Notice is hereby given of the fact that in many cases said
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work and improvements will bring the finished work to a grade different
from that formerly existing, and that to said extent said grades are
hereby changed and that said work will be done to said changed grades.
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13. Notice is hereby given that serial bonds to represent the
unpaid assessments, and to bear interest at the rate of not to exceed
ten percent (10%) per annum, will be issued hereunder in the manner
provided in Bond Plan B, Division 3, Article III, Chapter l2A of the
Gilroy City Code, the last installment of which bonds shall mature not
to exceed fourteen (14) years from the second day of July next
succeeding ten (10) months from their date.
14. Pursuant to Part 14 of Division 10 of said Streets and
Highways Code, said Council intends to covenant for the benefit of
bondholders to commence and diligently prosecute to completion any
foreclosure action regarding delinquent installments of any assessments
which secure the bonds to be issued in said proceedings to represent
unpaid assessments, as provided in the Gilroy City Code.
15. Pursuant to Part 16 of Division 10 of said Streets and
Highways Code, said Council intends to include in said proceedings an
amount to create a special reserve fund for the bonds to be issued in
said proceedings to represent unpaid assessments, as provided in the
Gilroy City Code.
16. Except as herein otherwise provided for the issuance of
bonds, all of said work shall be done as provided in Sections l2A.75
through l2A.83, inclusive, and l2A.98 through l2A.l07, inclusive,
Article II, Chapter l2A of the Gilroy City Code, and Section 19 of
Article XVI of the Constitution of the State of California.
17. Reference is hereby made to proceedings had pursuant to
Division 4 of said Streets and Highways Code, as provided in said
Gilroy City Code, on file in the office of the City Clerk.
18. Said acquisitions and improvements are hereby referred to
the Engineer of Work of said City, being a competent person employed by
said City for the purpose of having charge and control of the
acquisitions and construction of public improvements in and for said
City of the kind described herein, and said Engineer of Work is hereby
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directed to make and file with the City Clerk of said City a report in
writing, presenting the fOllowing:
a) Maps and descriptions of the lands and easements to
be acquired1
b) Plans and specifications of the proposed improvements
to be made pursuant to this resolution1
c) Engineer's estimate of the total cost and expenses of
said acquisitions and improvements and of the
incidental expenses in connection therewith1
d) Diagram showing the assessment district above referred
to, and also the boundaries and dimensions of the
respective subdivisions of land within said district
as the same existed at the time of the passage of
this resolution, each of which subdivisions shall be
given a separate number upon said diagram1
e) A proposed assessment of the total amount of the cost
and expenses of the proposed acquisitions and
improvements upon the several subdivisions of land in
said district in proportion to the estimated benefits
to be received by such subdivisions, respectively,
from said acquisitions and improvements.
When any portion or percentage of the cost and expenses of the
acquisitions and improvements is to be paid from sources other than
assessments, the amount of such portion or percentage shall first be
deducted from the total estimated cost and expenses of said acquisitions
and improvements, and said assessment shall include only the remainder
of the estimated cost and expenses. Said assessment shall refer to
said subdivisions by their respective numbers as assigned pursuant to
subdivision (d) of this section.
19. Notice is hereby given that, in the opinion of the Council,
the public interest will not be served by allowing the property owners
to take the contract for the construction of the improvements and that,
pursuant to Section 10502.4 of said Streets and Highways Code, as
provided in said Gilroy City Code, no notice of award of contract shall
be published.
20. If any excess shall be realized from the assessment, it shall
be used, in such amounts as the Council may determine, in accordance
with the provisions of law for one or more of the following purposes:
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a) Transfer to the general fund of the City, provided
that the amount of any such transfer shall not exceed
the lesser of $1,000 or 5% of the total amount
expended from the Improvement Fund;
b) To reimburse the City for any contributions or
advances to or for the Construction Fund that were
not pledged in this resolution;
c) As a credit upon the assessment and any supplemental
assessment; provided that such surplus may, if the
City Council so determines, also be applied as a
credit to the City on account of contributions made
by it towards the cost and expenses of the
acquisitions and improvements;
d) For the maintenance of the improvements.
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I hereby certify that the foregoing resolution was duly and
regularly adopted and passed by the City Council of the City of Gilroy,
California, at a regular meeting thereof held on the 4th
day of.
Auaust
, 1980, by the following vote of the members thereof:
AYES, and in favor thereof, Councilmembers: ALBERT, CUNNINGHAM, HUGHAN,
LINK, PATE and GOODRICH.
NOES, Counci1members:
None
ABSENT, Counci1members:
TAYLOR
APPROVED:
}f~$~k4
Mayor
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