Resolution 1980-104
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10/08/80
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RESOLUTION NO. 80- 104
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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
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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.
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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
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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.
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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.
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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,
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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.
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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,
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
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Mayor
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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