Resolution 1979- 49
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RESOLUTION NO. 79-49
A RESOLUTION REQUESTING CONSENT OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF SANTA CLARA TO THE EXERCISE OF EXTRA-
TERRITORIAL JURISDICTION TO UNDERTAKE PROCEEDINGS FOR THE
ACQUISITION AND CONSTRUCTION OF PUBLIC IMPROVEMENTS AND TO
PROVIDE THAT THE COSTS SHALL BE ASSESSED UPON THE DISTRICT
BENEFITED THEREBY UNDER APPROPRIATE SPECIAL ASSESSMENT
AND ASSESSMENT BOND ACTS
IMPROVEMENT PROJECT NO. 1979-1
RESOLVED, by the City Council of the City of Gilroy, California,
that
WHEREAS, it is the intention of this Council to undertake
appropriate special assessment and assessment bond proceedings for the
acquisition and construction of the improvements more particularly
described as follows:
a) The acquisition of property necessary for the opening
of a new street, said property consisting of that
certain 60 foot private road as shown on the Santa
Clara County Assessor's Book 810 at Pages 28 and 29
and the improvement thereof by clearing, grubbing,
excavation and grading and the construction therein
of base, pavement, curbs, gutters, street monuments,
street lighting facilities, street signs, surface
and subsurface storm drainage facilities, where
required, sanitary sewer mains, manholes with manhole
frames and covers, and laterals, water mains, valves,
tees, hydrants. water services, electrical power
distribution and service facilities and telephone
transmission and service facilities, together with
appurtenances to any of the above.
(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.
WHEREAS, this Council proposes to assess the costs of said
acquisitions and improvements and the expenses incidental thereto upon a
district benefited thereby, the exterior boundaries of which are the
coterminous exterior boundaries of the composite and consolidated area
shown on a map thereof on file in the office of the City Clerk:
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WHEREAS, a portion of said acquisitions and improvements to be
made are within the unincorporated territory of the County of Santa
Clara and a portion of the lands to be assessed to pay the cost and
expenses thereof is unincorporated territory within said County~
WHEREAS, said acquisitions and improvements to be made are of such
a character that they will directly and peculiarly affect property not
only within the boundaries of the City of Gilroy but also unincorporated
territory within the County of Santa Clara, and the purposes sought to
be accomplished can best be accomplished by a single comprehensive
scheme of work~
WHEREAS, there has been filed with this Council a form of
Resolution of Preliminary Determination and of Intention to be used in
said proceedings~ and
WHEREAS, the public interest, convenience and necessity will be
served by the making of said acquisitions and improvements and the
levying of said assessments~
NOW, THEREFORE, IT IS ORDERED, as follows:
1. That request be, and the same is hereby made of the Board of
Supervisors of the County of Santa Clara, it being the legislative body
having jurisdiction over the unincorporated territory in which a portion
of said acquisitions and improvements are to be had and made and said
assessments are to be levied, grant to this City its consent, expressed
by resolution, to the ordering of said acquisitions and improvements, to
the formation of the assessment district, and to the assessment of the
costs thereof upon the property benefited thereby, and the assumption of
jurisdiction thereover for the purposes aforesaid, and to the making of
such changes and modifications therein as may be proper or advisable in
the manner provided by law.
2. That said Board, in said resolution, grant to this City its
consent to open all such public streets as are required for the
installation of said public improvements, said work to be done under the
direction of the Director of Public Works of said City and to the
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satisfaction of the Director of Transportation of said County, and in
conformity with good engineering practice. The Director of Public Works
of said City shall require of the contractor that all of the provisions
of the specifications approved by this Council be complied with to the
end that no greater amount of ditches are open at any time than is
necessary, that they shall be adequately lighted and barricaded, that
they shall be promptly backfilled and that the surface of the streets
shall be restored with materials of like quality and character as those
existing therein at the time of such work and to its former condition
and state of usefulness as nearly as may be.
3. That request be, and the same is hereby, made that the form of
Resolution of Preliminary Determination and of Intention to be adopted
be approved.
4. That the City Clerk of this City is hereby directed to file
with the Clerk of the Board of Supervisors of the County of Santa Clara
a certified copy of this resolution, together with a copy of said
Resolution of Preliminary Determination and of Intention.
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I hereby certify that the foregoing resolution was duly and
regularly adopted and passed by the City Council of the City of Gilroy,
California, at a regular meeting thereof held on the 18th day of June,
1979, by the following vote of the members thereof:
AYES, and in favor thereof, Counci1members: CHILDERS, CUNNINGHAM,
HUGHAN, LINK, PATE and STOUT.
NOES, Counci1member:
NONE
ABSENT, Counci1member:
GOODRICH
~~ e ~r~
Deputy Cit Clerk
of the City of Gilroy
APPR~ ~ ~
-' Mayor
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