Resolution 1799
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RESOLUTION NO. 1799
A RESOLUTION OF PRELIMINARY DETERMINATION AND OF INTENTION
MONTEREY STREET IMPROVEMENT PROJECT 1974-3
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, acquisitions and improvements to be made,
as follows:
1. (a) The improvement of Monterey Street from Third Street
to Lewis Street and from Sixth Street to Seventh Street by clearing,
grubbing, grading, removal of existing trees, shrubs and structures
and the construction therein of base, pavement, curbs, gutters,
sidewalks, walkways, tree wells, street trees, benches and other
street furniture, removal and relocation of street lighting facili-
ties, traffic signals and street signs, where required, surface
and subsurface. storm d~ainage facilities, including drop inlets
and culverts, where req~ired, removal of concrete median and side-
walk area, where required, signing and striping of all parking
areas, traffic lanes and pedestrian crossings, where required,
water services, with appurtenances thereto, where required, land-
scaping, including sprinkler and irrigation systems, where required,
and the construction of traffic islands and traffic channelization,
where required, together with 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 acqui-
sitions 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,
rights, improvements or acquisitions, and may provide for the install-
ation of all or a portion thereof by said agency or utility and for
RESOLUTION NO. 1799
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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 pro-
ceedings 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 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 improvement 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.
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9. In cases where there is any disparity in level or size
between the improvements proposed to be made herein and private
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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 prop-
erty 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 revenues 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 profi~s of the
work, and maps and descriptions, as contained in the Engineer's re-
port, 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 public
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
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reference is hereby made for further particulars. Said map indicates
by a boundary line the extent of the territory included in the pro-
posed district and shall govern for all details as to the extent of
the assessment district.
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
seven percent (7%) 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 seven percent (7%) 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.
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16. Except as herein otherwise provided for the issuance of
bonds, all of said work shall be done as provided in Chapter l2A,
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 control of the acquisitions and construction of public improve-
ments 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) Maps and descriptions of the lands and easements to
be acquired;
(b) Plans and specifications of the proposed improve-
ments to be made pursuant to this Resolution;
(c) Engineer's estimate of the total costs and expenses
of said acquisitions and improvements and of the incidental ex-
penses 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 acquisitio~s 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
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deducted from the total estimated cost and expenses of said acqui-
sitions 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
owners to take the contract for the construction of the improvements
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.
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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
6th
day of May
, 1974, by the following vote of the members
thereof:
AYES, and in favor thereof, Council members: DeBELL, DUFF IN, HUGHAN,
PATE and GOODRICH.
NOES, Council members:
ABSENT, Council members:
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Mayor
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