Resolution 1393
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RESOLUTION NO. 1393
A RESOLUTION OF PRELIMINARY DETERMINATION AND OF INTENTION
EIGHTH STREET IMPROVEMENT DISTRICT
PROJECT NO. 1969-2
RESOLVED, by the City Council of the City of Gilroy, California,
that it does hereby preliminarilY determine that th~ 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 Eighth Street to the
uniform width of 60 feet from the center line of
Forest Street to the southerly line of Old Gilroy
Street by clearing, grubbing, grading, removal of
trees, shrubs and existing structures and the con-
struction therein of base, pavement, curbs, gutters,
sidewalks, and monuments, where required, and surface
and subsurface ~torm drainage facilities, where necessary,
sanitary sewer mains, manholes, with manhole frames and
covers and laterals, together with all appurtenances to
any of the above and the connection of all of said
facilities to existing facilities of the City of Gilroy.
(b) The acquisition of all lands and easements
and the performing 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 sa~d ~orK and improvements are to be constructed at
the p~aces and in tne particu~ar locations, of the forms, slzes,
dimensions and materials, and at the lines, grades and elevations, as
shown and delineated upon the plans, profiles ard specifications to
be made therefor, as hereinafter provided.
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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 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 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 on file
in the office of the City Cler~to which reference is hereby made for
further particulars. Saie 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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10. Said Council further declares that all public streets, high-
ways, lanes and alleys within said assessment distriGt in use ~n 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
unpaid assessments, and bear interest ~t the rate of not to exceed
seven percent (7%) per annum, will be issued hereunder in the manner
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 11,1
of the Streets and Highways Code providing an alternative procedure
for the advance payment of assessments and the oalling 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 Jfficer 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 Gity 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;
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(c) Engineer's estimate of the itemized and total estimated
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 landin said district in proportion to the
estimated benefits to be received by such subdivisions, respectively,
from said acquisitions and improvements, and of the expenses inci-
dental 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 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 aE assignee'
pursuant to subdivision (d) of this section.
14. Notice is hereby 6iven 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~
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(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 $50,197.85 of which
the City will contribute the estimated amount of $27,395.97, leaving
an estimated balance of $22,801.88 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
6th
day of
October
, 1969
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by the following vote of the members thereof:
AYES, and in favor thereof, Councilmembers: Batrez, Duff in, Kennedy,
Pate, Silva, Wentworth, and Goodrich.
NOES,
Councilmembers:
None
ABSENT, Councilmembers: None
oJz t.,},':I) ~ >7>1(;;;"intj)
ity Clerk of the City of roy
APPROVED:
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