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Resolution 1980-104 5.77lA-223a . ~A:rva 10/08/80 lic RESOLUTION NO. 80- 104 . A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS OBATA INDUSTRIAL PARK ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of Gilroy, California, as fOllows: 1. In its opinion the public interest and convenience require and that it is the intention of said Council to order the acquisitions and improvements more particularly described in Exhibit "A" hereto attached and bY reference incorporated herein. 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 entity, or of any public utility, it is the intention of the City 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, which agreement or agreements shall provide for the ownership by said agency or utillty of such works, rights, improvements or acquisitions, and may provide for the installation of all or a portion thereof by said agency or utility and for the providing of service to the properties in the area benefiting from said work, 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. It is intended by the City Council of said City to enter into an agreement with the Pacific Gas and Electric Company, which RESOLUTION NO. 80 - 104 . . agreement will provide for the ownership by said Company of underground electrical power distribution and service facilities to be installed in saia project, and for the providing of services to the properties in said area by said Company in accordance with its rates, rules and regulations, and that said agreement shall become effective after proCeedlngs have been taken tor the levy of the assessments and sale of bonds and funds are available to carry out its terms. 4. It is intended by the City Council of said City to enter into an agreement with the Continental Telephone Company, which agreement Will provide for the ownership bY said Company of communication facilities to be installed in saia project, and for the providing of services to the properties in said area by said Company in accordance with its rates, rules and regulations, and that said agreement shall become effective after proceedlngs have been taken for the levy of the assessments and sale of bonds and funds are available to carry out its terms. 5. Whenever any public way is herein referred to as running between two public ways, or trom 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 therein. 6. All of the blocks, streets and alleys herein mentioned are more particularly shown on maps of record in the office of the County Recorder of Santa Clara County, California, and shall be shown upon the plans herein referred to and be filed with the City Clerk of said City. 7. All of saia 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. 8. 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. ~2- . . 9. Notice 1S hereby given of the fact that in many cases said work and improvements will bring the finished work to a grade different from that formerly existlng, and that to said extent said grades are hereby changed and that said work will be done to said changed grades. 10. Said Council does hereby adopt and establlsh 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. 11. In cases where there is any disparity in level or size between the improvements proposed to be made herein and private property and where it is more economical to eliminate such disparity by work on said private property than by adjustment of the work on public property, it is hereby determined that it is in the public interest and more economical to do such work on private property to eliminate such disparity. In such cases, said work on private property shall, with the written consent of the owner of said property, be done and the actual cost thereof may be added to the proposed assessment of the lot on which said work is to be done. 12. The description of the acquisitions and improvements and the termini of the work contained in this resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work, and maps and descriptions, as contained in the Engineer's Report, shall be contro1l1ng as to the correct and detailed description thereof. 13. Said contemplated acquisitions and improvements, in the oplnion of said Council, are of more than local or ordinary public benefit, and the cost and expenses thereof are made chargeable upon an assessment district, the exterior boundaries of which district are the composite and consolidated area as more particularly shown on a map thereof entitled, "Proposed Boundary, OBATA Industrial Park Assessment District", on file in the office of the City Clerk to which reference -3- . . IS hereby made tor further particulars. Said map indicates by a boundary line the extent of the territory included in the proposed district and shall govern for all details as to the extent of the assessment district. 14. Said Council further declares that all public streets, highways, lanes and alleys within said assessment district in use in the performance of a public function as such shall be omitted from the assessment hereafter to be made to cover the cost and expenses of said acquisitions and improvements. 15. 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 trom the second day of July next succeeding ten (10) months from their date. 16. 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 said Gilroy City Code. 17. 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 said Gilroy City Code. 18. Except as herein otherwise provided for the issuance of bonds, all of said acquisitions and improvements shall be made and had as provided in Sections l2A.75 through l2A.83, inclusive, and l2A.98 through l2A.l07, inclusive, Article II, Chapter l2A of said Gilroy City Code. -4- . . 19. Reference 1S hereby made to proceedings had pursuant to Division 4 of said Streets and Highways Code, as provided in said Gilroy City Code, on file 1n the office of the City Clerk. 20. Said proposed 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 acquisition and construction of public improvements in and for said City of the kind described herein, and said Engineer of Work is hereby 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 acquired~ (b) Plans and specifications of the proposed improvements to be made pursuant to this Resolution of Intention~ (c) Engineer's statement of the itemized and total est1mated cost and expenses of said acquisitions and improvements and of the incidental expenses in connection therewith~ (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 t1me of the passage of this Resolution of Intention, each of which subdivisions shall be given a separate number upon said diagram~ (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 est1mated benefits to be received by such subdivisions, respectively, from said acquisitions and improvement, and of the expenses incidental thereto. 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 number as assigned pursuant to subdivision (d) of this section. -5- . . 21. 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. 22. 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: (a) Transfer to the general fund of the CitY1 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 fund1 (b) As a credit upon the assessment and any supplemental assessment1 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 in the proportion which such contribution bears to the total amount of the assessment or supplemental assessment prior to the deductlon of all such contributions1 or (c) For the maintenance of the improvements. * * * * * I hereby certify that the foregoing resolution was duly and regularly adopted and passed by the City Council of the City of Gilroy, continued California, at a/regular meeting thereof held on the 27th day of October , 198U, by the fo~lowing vote of the members thereof: AYES, and in favor thereof, Counc ilmembers: ALBERT, CUNNINGHAM, HUGHAN, LcrNK, PATE, TAYLOR and GOODRICH. NOES, Councilmembers: None ABSENT, Councilmembers: None ~, ..~ Mayor -6- .56-64A-2l6a . . EXHIBIT "A" a) The acquisition of property necessary for the widening of the southwesterly one-half of Luchessa Avenue to a uniform half width of 43 feet from a point 1,850 feet, more or less, measured along the existing centerline of Luchessa Avenue easterly of the easterly line of u.s. 101 Highway, running thence southeasterly 2,440 feet, more or less, and for the opening of a new street of the uniform width of 70 feet from Luchessa Avenue at a point 2,310 feet, more or less, measured along the existing centerline of Luchessa Avenue from said easterly line of u.s. 101 Highway, thence southwesterly 970 feet, more or less, southeasterly 1,800 feet, more or less, and northeasterly, at a half street width of 35 feet, 830 feet, more or less, to the centerline of Luchessa Avenue at a point 4,290 feet, more or less, measured along the existing centerline of Luchessa Avenue from said easterly line of u.s. 101 Highway and the improvement thereof by clearing, grubbing, grading, removal of existing trees, shrubs and structures, and the construction therein of base, pavement, curbs, gutters, street signs, striping, monuments, barricades, underground serviced street lighting facilities, surface and subsurface storm drainage facilities, including outfall structures, where required, sewer mains, manholes, with manhole frames and covers, wye branches, laterals and cleanouts, where required, water mains, valves, tees, hydrants and services, where required, together with the connection of said sewer and water facilities to existing facilities of the City of Gilroy, underground electrical power distribution and service facilities, underground gas transmission and distribution facilities, and underground communication, transmission and service facilities. b) The construction of an offsite sanitary sewer from the most southerly point of Luchessa Avenue to be widened as described above, running thence northeasterly along existing Luchessa Avenue 1,870 feet, more or less, to the existing sanitary outfall at the Gilroy Sewage Treatment plant. c) The construction of outfall storm drainage facilities, including outfall structures, running from said most southerly point of Luchessa Avenue northeasterly along existing Luchessa Avenue and its prolongation along the northerly line of the Gilroy Sewage Treatment plant 2,830 feet, more or less, to an outfall structure to be constructed on Llagas Creek adjacent to its intersection with the northerly prolongation of Luchessa Avenue hereinabove described. d) The acquisition of all lands and easements and the performing of all work auxiliary to any of the above necessary to complete the same. OBATA Ind. Park A.D. 09/30/80