Resolution 1517
WJM&L:PD, 3:zw 10/8/70 12c
RESOLUTION NO. 1517
A RESOLUTION OF PRELIMINARY DETERMINATION AND OF INTENTION
TENTH STREET IMPROVEMENT DISTRICT
PROJECT NO. 1970-4
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 acquisition of property necessary for the widening of
Tenth Street from the westerly line of Monterey street westerly 2,590
feet, more or less, to the centerline of Princevalle Street, and for
the widening of Rosanna Street from Tenth Street southerly 1,385 feet,
more or less, to the Santa Clara County Flood Control and Water
Conservation District right of way, and the improvement thereof by
clearing, grubbing, grading, removal of existing trees, shrubs and
structures and the construction therein of base, pavement, curbs,
gutters, sidewalks, driveways, surface and subsurface storm drainage
facilities, water laterals and valves, where required, together with
sewer laterals, where required, and the connection thereof to existing
facilities of the City of Gilroy.
(b) The construction of a storm drain main together with catch
basins and all appurtenances thereto, in Tenth Street from Monterey
Street westerly 1,400 feet, more or less, and the construction of an
outfall structure at the southerly terminus of Rosanna Street at its
intersection with the Santa Clara County Flood Control and Water
Conservation District right of way.
(c) The making of all acquisitions and the performing of all
work auxiliary to any of the above which may be necessary to complete
the same.
2. 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.
3. 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 prepared herein.
4. All of said 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,
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as shown and delineated upon the plans, profiles and specifications
to be made therefor, as hereinafter provided.
5. 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.
6. 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.
7. Notice is hereby given of the fact that in many cases said
work and improvement will bring the finished work to a grade different
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.
8. 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.
9. 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 entitled, "Proposed Boundary, Tenth Street Improve-
ment District, Project No. 1970-4", on file in the office of the
City Clerk, to which reference is hereby made for further particularso
Said map indicates by a boundary line the extent of the territory
included in the proposed district and shall govern for all details as
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to the extent of the assessment district.
100 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.
110 Notice is hereby given that serial bonds to represent
unpaid assessments, and bear interest at the rate of not to exceed
seven percent (7%) per annum, will be issued hereunder in the man-
ner provided in Bond Plan B, Chapter 12A, 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
1101 of the Streets and Highways Code providing an alternative pro-
cedure for the advance payment of assessments and the calling of
bonds, shall apply.
12. 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.
13. Said proposed 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 employed by said City for that purpose, and
said City Engineer 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 acquisitions to be made;
(b) Plans and specifications of the proposed improvements
to be made pursuant to this Resolution;
(c) Engineer's estimate of the itemized and total estimated
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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, respectivelYJ
from said acquisitions and improvements, 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 ac-
quisitions 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.
14. 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.
15. 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
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$1,000 or 5% of the tot,a1 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.
16. The estimated cost of said project is $206,335.68 , of
which the City will contribute the estimated amount of $75,558.68)
leaving an estimated balance of $130,777.00 to be assessed.
* * * * * * * * * * * *
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
19th day of October, 1970, by the following vote of the members
thereof:
AYES, and in favor thereof, Councilmembers: Batrez, Duff in, Kennedy,
Pate, Silva, Wentworth, and Goodrich
NOES,
ABSENT,
Councilmembers:
None
Councilmembers:
None
/
. f 6i<XiA....u
ity Clerk of the
J~4
of Gilro~
APPROVED:
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/ Mayor
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