Resolution 1234
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RESOLUTION NO. 1234
A RESOLUTION OF PRELIMINARY DETERMINATION AND OF INTENTION
FOREST STREET D1PROVEMENT DISTRICT
PROJECT NO. 1968-1
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:
1. a) The improvement of Forest Street to a uniform width
of 37.5 feet from Leavsley Road southerly 1635 feet, more or
less, thence to a uniform width of 60 feet southerly 175 feet,
more or less, to Swanston Lane; Swanston Lane to a uniform
width of 60 feet from Forest Street westerly 350 feet, more or
less, thence to a uniform width of 40 feet northerly 555 feet,
more or less, and the improvement thereof by clearing, grubbing,
grading, removal of existing trees, shrubs and structures and
the construction therein of base, pavement, curbs, gutters,
side:vJalks, barricades, street monuments, surface and sub-surface
storm drainage facilities, including manholes with manhole frames
and covers, and catchbasins, where required.
b) The construction of sanitary sewer main, manholes with
manhole frames and covers, wye branches, laterals and cleanouts,
where necessary, in Forest Street from Leavsley Road to Swanston
Lane, together with the connection of said sanitary sewerage
facilities to existing sanitary sewerage facilities of the City
of Gilroy.
c) The construction of curbs and gutters on the westerly
side of Swanston Lane from a point 1165 feet, more or less,
southerly of Leavsley Road running thence southerly 102 feet,
more or less.
d) 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.
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3. Whenever any public way is herein referred to as running
between two public ways, or from or to any public way, the inter-
sections 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 the forms, sizes,
dimensions 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 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 descrip-
tion thereof.
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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 dis-
trict 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,
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.
11. Notice is hereby given that serial bonds to represent
unpaid assessments, and bear interest at the rate of not to exceed
six per cent (6%) 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.
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, Sections 12A.75 to 12A.83, inclusive, and Sections
12A.98 to 12A.107, inclusive, of the Gilroy City 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 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
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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;
(e) A proposed assessment of the total amount of the costs
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, respec-
tively, from said acquisitions and improvements.
When any portion or percenta~e 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 acquisitions and improvements, and said assessment shall include
only the remainder of the estimated cost and expenses. Said assess-
ment 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.
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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
$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 $64,931.56 of which
the City will contribute the estimated amount of $38,973.01, leaving
the estimated amount of $25,958.55 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
February
, 1968, by the following
vote of the members thereof:
AYES, and in favor thereof, Councilmembers: Allemand, Duffin, Kennedy
Quartiroli, Silva, Wentworth and Goodrich.
, .,
NOES, Councilmembers: None
ABSENT, Councilmembers: None
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"-City Clerk of the City of Gi roy
APPROVE)):
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Mayor
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