Resolution 1975-51
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RESOLUTION NO. 75-51
A RESOLUTION OF PRELIMINARY DETERMINATION AND OF INTENTION
MURRAY AVENUE IMPROVEMENT DISTRICT
PROJECT 1975-5
RESOLVED, by the City Council of the City of Gilroy, California,
that it does hereby preliminarily determine that the public interest,
convenience and necessity require, and that it intends to order the
following work to be done, and acquisitions and improvements to be
made, as follows:
1. (a) The acquisition of property necessary for the widening
of Murray Avenue from a point 174 feet, more or less, southerly of
Leavesley Road, running thence 1,305 feet, more or less, and the
improvement thereof and of Murray Avenue from a point 1,479 feet,
more or less, southerly of Leavesley Road to I.O.O.F. Avenue by
clearing, grubbing, excavation and grading and the construction
therein of base, pavement, curbs, gutters, sidewalks, driveways,
street monuments; street lights and conduits, water services, where
required, surface and subsurface storm drainage facilities, where
required, together with all appurtenances 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 entity, or of any public utility, it is the intention
of the legislative body 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, which agreement or agreements shall provide for the
ownership by said agency or utility of such works, ri&hts, improve-
ments 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
RESOLUTION NO. 75-51
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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 ways is herein referred to as running
between two public ways, or from or to any public way, the intersec-
tions 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, di-
mensions 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
work and improvements will bring the finished work to a grade differ-
ent 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.
9. In cases where there is any disparity in level or size be-
tween the improvements proposed to be made herein and private property
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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.
10. Notice is hereby given that it is the intention of the
Council to consider adoption of an ordinance authorizing contributions
by the City from any sources of revenue not otherwise prohibited by
law, or any specified amount, portion or percentage of such revenues,
for the purpose of acquisition or construction of improvements, the
acquisition of interest in real property and the payment of expenses
incidental thereto for the use and benefit of the assessment district,
and to consider authorizing application of such ~evenues as a credit
upon the assessment.
11. The descriptions 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 controlling as to the correct and detailed description thereof.
12. Said contemplated acquisitions and improvements, in the
opinion of said Council, are of more than local or ordinary publ~c
benefit, and the costs 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 on file in the office of the City Clerk, to which
reference is hereby made for 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.
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13. 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 costs and expenses
of said acquisitions and improvements.
14. Notice is hereby given that serial bonds to represent the
unpaid assessments, and bear interest at the rate of not to exceed
eight percent (8%) per annum, will be issued hereunder in the manner
provided in Bond Plan B, Chapter l2A, Article III, Division 3 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 months from their date. The provisions of Part 11.1
of the Streets and Highways Code providing an alternative procedure
for the advance payment of assessments and the calling of bonds,
shall apply.
15. Notice is further given that should there be publicly owned
operative property within the assessment district, certificates or
serial bonds to represent the unpaid assessments against publicly
owned property in use in the performance of a public function and
bear interest at the rate of not to exceed eight percent (8%) per
annum, will be issued hereunder pursuant to Section 6467 or Chapter
4.5 (commencing with Section 6468), Part 5, Division 7 of the Streets
and Highways Code of the State of California, the Improvement Act
of 1911, the last installment of which certificates or bonds shall
mature not to exceed fourteen (14) years from the second day of June
beginning with the fiscal year next following the date of the bonds.
16. Except as herein otherwise provided for the issuance of
bonds, all of said work shall be done as provided in Chapter 12A.
Article II of the Gilroy City Code, and Section 17 of Article XIII of
the Constitution of the State of California.
17. Said acquisitions and improvements are hereby referred to
the Engineer of Work of said City as the officer having charge and
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cont~ol of the acquisitions and constructton of public improvements in
and for said City of the kind described herein, being a competent
person employed by said City for that purpose, 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) Plans and specifications of the proposed improvements
to be made pursuant to this Resolution;
(b) Maps and descriptions of the lands and easements to be
acquired;
(c) Engineer's estimate of the total costs 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 sub-
divisions 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 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
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 acquisi-
tions 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.
18. Notice is hereby given that, in the opinion of the Council,
the public interest will not be served by allowing the property
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owners to take the contract for the construction of the improvement~
and that, pursuant to Section 10502.4, of the Streets and Highways
Code, no notice of award of contract shall be published.
19. 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 follow-
ing purposes:
(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) As a credit upon the assessment and any supplemental
assessment; or
(c) For the maintenance of the improvements.
20. The estimated cost of the proj ect is $ 211 ,028.19 , of which
the City will contribute the estimated amount of $65,192.76 , leaving
an estimated balance of $145,835.43 to be assessed.
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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 17th
day of November, 1975, by the following vote of the members thereof:
AYES, and in favor thereof, Council Members: DeBELL, DUFFIN, LINK,
PATE, and GOODRICH.
NOES, Council Members
None
ABSENT, Council Members
CHILDERS and STOUT.
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Mayor
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