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Resolution 1139 "!. WJML:JS:amf 8-24-u( 10C RESOLUTION NO. 1139 A RESOLUTION OF PRELIMINARY DETERMINATION AND OF INTENTION LUCHESSA AVENUE IMPROVEMENT PROJECT NO. 1967-2 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 60 feet from Luchessa Avenue, at a point 120 feet, more or less, easterly of the Easterly line of the proposed U.S. 101 Highway, thence generally Northerly 700 feet, more or less, terminating with a cul-de-sacj the acquisition of prop- erty necessary for the opening of a new street of the uniform width of 60 feet from Luchessa Avenue, at a point 450 feet, more or less, easterly of the Easterly line of the proposed U.S. 101 Highway, thence generally Southeasterly 650 feet, more or less, and terminating with a cul-de-sacj the acquisition of property necessary for the widen- ing of Luchessa Avenue to a uniform width of 86 feet from the Westerly line of the proposed U,S. 101 Highway, running thence Easterly 1,900 feet, more or less, to Sheldon Avenuej and, the acquisition of prop- erty necessary for the widening of the Southwesterly side of Sheldon Avenue to a uniform half width of 30 feet from Luchessa Avenue, running thence Southeasterly 300 feet, more or lessj and, the improve- ment 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 sub-surface storm drainage facilities, where necessary, including outfall structurej .sewer mains, manholes, with manhole frames and covers, wye branches, laterals and cl~anouts, where necessaryj water mains, valves, tees, hydrants and services, where necessary, together with the connection of said sewer and water facili- ties to existing facilities of the City of GilroYj and the construction of railroad drill and spur track where necessary. (b) The acquisition of all lands and easements ahd 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 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 al~eady 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 descriptiqns 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 2 an assessment district, the exteridr 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 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 furth~r 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 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 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 l2A.75 to l2A.83, inclusive, and Sections l2A.98 to l2A.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 person employed 3 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 acquiredj (b) Plans and specifications of the proposed improvements to be made pursuant to this Resolutionj (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, ea,ch of which subdivisions shall be given a separate number upon said diagramj (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: 4 (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 fundj (b) As a credit upon the assessment and any supplemental assessment; or (c) For the maintenance of the improvements. * * * * * * * * * * * * * * * 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 5th day of September , 196~, by the following vote of the members thereof: AYES, and in favor thereof, Councilmembers: Allemand,Duffin, Kennedy,Jr.,Quartiroli,Silva,Wentworth, and Goodrich. NOES, Councilmembers: None ABSENT, Councilmembers: None .{\.PPROVED: );n#~~ LJ~~,,-,,~ Mayor roy 5 I, SUSANNE E. PAYNE , City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 1 BA is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 5th day of September 19~, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Gilroy, this day of , 19~. ~, of the