Resolution 1110
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WJML:JS:amf 4-28-67 lOC
RESOLUTION NO. 1110
A RESOLUTION OF PRELIMINARY DETERMINATION AND OF INTENTION
SOUTH CHESTNUT STREET EXTENSION
PROJECT NO. 1967-1
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 acquisition of property necessary for the
opening of a new street of the uniform width of 86 feet from
the Princevalle storm drain channel at a point 800 feet, more
or less, westerly of the westerly line of the proposed U. S.
101 Highway, thence generally southeasterly 750 feet, more or
less, to the proposed Chestnut Street Extension as shown on
said official plan line map and southerly 900 feet, more or
less, as shown on said official plan line map, to Luchessa
Avenue, and the acquisition of property necessary for the
widening of Luchessa Avenue to a uniform width of 86 feet
from the easterly line of the Southern Pacific Railroad Company
right of way, running thence southeasterly to the westerly line
of the proposed U. S. 101 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,
street lighting, surface and subsurface storm drainage facilities,
where necessary, including outfall structure at Princevalle storm
drain channel, sewer mains, manholes, with manhole frames and
covers, wye branches, laterals and cleanouts, where necessary,
water mains, valves, tees and hydrants and services, where neces-
sary, together with the connection of said sewer and water facili-
ties to existing facilities of the City of Gilroy.
(b) The construction of signal facilities and cross-
ing gates, together with all appurtenances, at the intersection
of Luchessa Avenue and the Southern Pacific Railroad Company
right of way.
(c) 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 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
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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 bound-
ary 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 l2A, Article III, Division 3 of the Gilroy
City Code, the last installment of which bonds shall mature riot 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 Division
10 of the Streets and Highways Code providing an alternative procedure
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 l2A,
Article II, Sections 12A.75 to 12A.83, inclusive, and Sections 12A.98
to 12A.l07, 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 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
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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 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, respectively,
from said acquisitions and improvements, and of the expenses incidental
thereto.
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:
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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 amount of the project is $ (1' ~ '852; ~s Zof
which the City will contribute $ ~? q -52, /3, leaving an estimated
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amount to be assessed in the amount of $ /4!> Cf-t) G. 31
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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 ~ day of
May
,
196-L-, by the following vote of the members thereof:
AYES, and in favor thereof, Councilmembers: Allemand,Duffin,
Kennedy,Quartiroli ,Silva,Wentworth, and Good~lch.
NOES,
ABSENT,
Councilmembers:None
Councilmembers:None
o~w>>oUl ~
/ City Clerk of the y of
Gilroy
APPROVED:
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Mayor