Resolution 1028
WJML:JS:rd 6/17/06 bc
RESOLUTION NO. 1028
A RESOLUTION OF INTENTION TO ACQUIRE
AND CONSTRUCT IMPROVEMENTS
NORTH CHURCH STREET EXTENSION
PROJECT NO. 1966-1
RESOLVED, by the City Council of the City of Gilroy,
California, that in its opinion the public interest and con-
venience require and that it is the intention of said City to
order the following acquisitions and improvements to wit:
1. (a) The acquisition of property necessary for the
opening of a new street to be known as Church Street from the
intersection of Carlyle Avenue and Ronan Avenue running thence
southerly and southeasterly t~, Welburn Avenue at its intersection
with Church Street, as it now exists, and a new street to be
known as Pierce Street in and along that certain private road
known as Pierce Street from its intersection with said new street
to be known as Church Street, running thence easterly 330 feet,
more or less, and the improvement thereof by clearing, grubbing,
grading and the removal of existing trees, shrubs and structures
and the construction therein of base, pavement, curbs, gutters,
sidewalks, where required, surface and subsurface storm drainage
facilities, where necessary, sanitary sewer mains, standard man-
holes with standard manhole frames and covers, wye branches,
laterals, where necessary, water mains, valves, tees, crosses,
services, where necessary,and fire hydrants, together with the
connection of said sewer and water 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. Whenever any public way is herein referred to as
running between two public ways, or from or to any public way,
the intersections of the public ways referred to are included
to the extent that work shall be shown on the plans to be done
therein.
3. Said streets and highways are more particularly shown
in the records in the office of the County Recorder of Santa
Clara County, 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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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 herein 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. 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.
7. 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.
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
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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 govenn for all details as to the extent of the assess-
ment district.
10. Said Council further declares that all public
streets and highways 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 re-
present the 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 install-
ment of which bonds shall mature not to exceed fourteen (14)
years from the second day of July next succeeding ten (10)
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 improvements shall be done
pursuant to the provisions of Chapter 12A, Article II, Sections
12A.75 to 12A.83, inclusive, and Sections 12A.98 to 12A.I07,
inclusive, of said Code.
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13. Reference is hereby made to proceedings had pursuant
to Division 4 of the Streets and Highways Code on file in the
office of the City Clerk.
14. Said proposed acquisitions and improvements are
hereby referred to the City Engineer, being a competent person
employed by said City for that purpose; and said 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 improve-
ments to be made pursuant to this Resolution of Intention;
(c) Engineer's statement of the itemized and total
estimated costs and expenses of said acquisitions and improve-
ments 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 subdivisions of land within said district as the
same existed at the time of the passage of this Resolution of
Intention, 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 pro-
portion to the estimated benefits to be received by such sub-
divisions, respectively, from said acquisitions and improvements,
and of the expenses incidental thereto.
15. Notice is hereby given that, in the opinion of the
Council the public interest will not be served by allowing the
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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.
16. 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, pro-
vided 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 supple-
mental assessment; or
(c) For the maintenance of the improvements.
17. The estimated cost of the project is $ 180,~91.50_~
of which the City will contribute the estimated sum of
$ 35,748.00 , leaving an estimated balance of
$ 144,743.50 to be assessee.
* * * * * * * *
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.i .,:
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 meetlns thereof held on the
20th day of
June
, 196~_, by the following vote
of the members thereof:
AYES, and in favor thereof J Councilm~rs: Allemand,Eckard,Goodrich,
Quartiroli,Wentworth, and Petersen.
NOES, Councilmernbers: None
ABSENT, CouncilmembJ9rs: None
ABSTAINED, Council Member: George T. Duffin
(:2 U4a~ ~.
----City Clerk of t
Gilroy
APPROVED:
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or