Resolution 1334
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RESOLUTION NO. 1334
A RESOLUTION OF PRELIMINARY DETERMINATION AND OF INTENTION
RONAN AVENUE IMPROVEMENT DISTRICT
PROJECT NO. 69-1
RESOLVED, by the City Council of the City of Gilroy, Oalifornia,
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 construction of sanitary sewer mains, manholes, with
manhole frames and covers, cleanQu~s, water mains, gates, valves, tees
and hydrants, together with appurtenances to any of the above, includ-
ing the connection thereof to existing facilities of the City of Gilroy
in Ronan Avenue and Liman Avenue from Carlyle Avenue to Monterey Road
and in Carlyle Avenue from Ronan Avenue to Liman Avenue.
(b) The acquisition of all lands and easements and the per-
forming of all work auxiliary to any of the above 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 done herein.
4. All of said work and improvements are to be constructed at
the places and in the particular locations, of th~ 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.
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
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plans, profiles and sp~cifications. 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 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.
8. The descrip4ions 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 controll-
ing as to the correct and detailed description thereof.
9. Said contemplated acquisitions and improvements, in the opinion
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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 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.
10. Said Council further declares that all public streets, high-
ways, 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.
11. Notice is hereby given that serial bonds to represent un-
paid assessments, and bear interest at the rate of not to exceed
seven percent (7~) per annum, will be issued hereund~l in the manner
provided in the Improvement Bond Act of 1915, Division 10 of the
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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.
12. 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.
13. Said acquisitions and improvements are hereby referred to
the Engineer of Work of said City as the officer having charge and
c~ntrol of the acquisitions and construction of public improvements
in and for said City of the kind described herein, being a competent
person emp~Qyed by said City for that purpose, and said Engineer of
Work is hereby directed to make and file with the 0ity 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 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
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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.
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 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.
16. The estimated cost of said project is $37 ,500.00.~ of which
the City will contribute the estimated amount of $13,495.53, leaving
an estimated balance of $24,004.47 to be assessed.
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I her,eby certify that the foregoing is a full, true and
correct copy of a resolution duly passed and adopted b~ the City.
Council of the City of Gilroy, California, at a meeting thereof
held on the 21st day of
Apr i I
, 1969
" by
the following vote of the members thereot:
AYES, and in favor thereof, Councllmembers ~ Kennedy, Pate, S i 1 va,
Wentworth and Goodrich.
NOES, Councilmembers:
ABSENT, Councllmembers:
Batrez
Duff in
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':City Clerk of the city of Gil~
APPROVED:
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