Resolution 1647
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RESOLUTION NOo 1647
A RESOLUTION OF PRELIMINARY DETERMINATION AND OF INTENTION
RONAN AVENUE - SOUTH CHESTNUT STREET
PROJECT NO. 1971~1
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~
l(a) The construction of sanitary sewer mains, manholes with
manhole frames and covers, cleanouts, laterals, water mains, services,
meters, gate valves, tees, culverts and the connection thereof to
existing facilities of the City of Gilroy in Ronan Avenue from Church
Street westerly 1,000 feet, more or less, together with the acquisi-
tion of disposal and capacity rights and a right of service and use
in existing sanitary sewage collection, transmission, treatment and
disposal facilities, and in existing water distribution, transmission
and storage facilities of the City of Gilroy for and on behalf of all
properties fronting on Ronan Avenue within the proposed assessment
district and falling within the City limits of said City.
(b) The acquisition of property necessary for the widening of
Chestnut Street from Old Gilroy Street to Eighth Street; the acquisi-
tion of property for the opening of the southeasterly extension of
Chestnut Street from Eighth Street southeasterly 1,500 feet, more or
less, as shown on the map of official plan lines for Chestnut Street,
thence leaving said adopted plan lines and running generally southerly
1,850 feet, more or less, to the existing northerly terminus of South
Chestnut Street at the Princevalle storm drain channel 800 feet, more
or less, westerly of the westerly line of the proposed U, S. 10l
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, where required, in-
cluding outfall structure at Princevalle storm drain channel, 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 water
and sewer facilities to existing facilities of the City of Gilroy.
(c) The acquisition of all rights, lands and easements and the
performing of all work auxiliary to any of the above necessary to
complete the same.
2. To the extent that work, rights, improvements or acquisi-
tions indicated in the Engineeris 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 py, any public agency
other than this entity, or of any public utility, it is the intention
RESOLUTION NO. 1647
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, 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
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 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
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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.
9. 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 re-
port, shall be controlling as to the correct and detailed description
thereof.
10. 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 assess-
ment district, the exterior boundaries of which district are the com-
ite and consolidated area as more particularly shown on a map
"hereof on file in tre office of the City Clerk, to which reference
18 hereby made for further particulars. Said map indicates by a
ooundary 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.
11. Said Council further declares that all public streets, high-
ways, lanes and al1eys within said assessment district in use in the
performance of a public function as such, shall be omitted from the
~ssessment hereafter to be made to cover the costs and expenses of
s~id acquisitions and improvements.
12. Notice is hereby given that serial bonds to represent un-
2aid assessments, and bear interest at the rate of not to exceed
seven percent(7%) per annum, will be issued hereunder in the manner
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provided in the Improvement Bond Act of 1915, Division 10 of the
streets and Highways 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 pro-
cedure for the advance payment of assessments and the calling of bonds,
shall apply.
13. Except as herein otherwise provided for the issuance of
bonds, all of said work shall be done as provided in the Municipal
Improvement Act of 1913, Division 12 of the streets and Highways
Code, and Section 17 of Article XIII of the Constitution of the
state of California.
14. Said acquisitions and improvements are hereby referred to
the City Engineer of said City as the officer having charge and control
of the acquisitions and construction of public improvements in and for
said City of the kind described herein, being a competent person em-
ployed by said City for that purpose, and said City Engineer is hereby
dj,rected 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;
(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;
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(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.
15. 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.
16. 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 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.
17. The estimated cost of said Project is $ 425,389.22 of
which the City will contribute the estimated amount of $ 162,803.64 ,
leaving an estimated balance of $ 262,585.58 to be assessed.
* * * * * * * * * * * *
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I hereby certify that 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 15th
day of
thereof:
May
, 197~, by the following vote of the members
AYES, and in favor thereof, Councilmembers:BATREZ, DUFFIN, HUGHAN,
PATE, STOUT and GOODRICH.
NOES, Councilmembers: None
ABSENT, Councilmembers:
APPROVED:
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Mayor