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Resolution 1979- 99 3&'68A-138a . WMAM'DA: rva 11/07/79 l2c It RESOLUTION NO. 79- 99 A RESOLUTION OF PRELIMINARY DETERMINATION AND OF INTENTION PARKING DISTRICT NO. 2 RESOLVED, by the City Council of the City of Gilroy, California, as follows: 1. Said Council does hereby preliminarily determine that the public interest, convenience and necessity require, and it intends to order the following work to be done and acquisitions and improvements to be made, to wit: a) The acquisition of that certain real property situate in the City of Gilroy, County of Santa Clara, State of California, located adjacent to and northeasterly of the intersection of Monterey Street and Lewis Street and more particularly described as Assessor's Parcel Number 841-4-7 as shown on the Assessor's Maps of the County of Santa Clara for the fiscal year 1978-1979 and the improvement thereof by by clearing, grubbing, excavation, grading, removal of existing trees, shrubs and structures and the construction therein of base, pavement, curbs, gutters, sidewalks, surface and subsurface storm drainage facilities, where required, lighting facilities, wheel stops, striping, signing, driveway approaches, and sprinkler system, together with all work auxiliary to any of the above and necessary to complete the same as off-street parking facilities. b) The acquisition of all lands and easements and the performing of all work auxiliary to any of the above and necessary to complete the same as off- street parking facilities. 2. To the extent that work, rights, improvements or acquisitions indicated in the Engineer's Report, to be made as provided herein, are shown to be connected to the facilities, works or systems of, or are to be owned, managed and controlled by, any public agency other than this City, or of any public utility, it is the intention of said Council to enter into an agreement or agreements with the public agency or public utility or both pursuant to Chapter 2 (commencing with Section 10100) RESOLUTION NO. 79-99 . e of Division 12 of the Streets and Highways Code of the state of California, as provided in the Gilroy City Code, which agreement or agreements shall provide for the ownership by said agency or utility of such works, rights, improvements or acquisitions, and may provide for the installation of all or a portion thereof by said agency or utility and for the providing of service to the properties in the area benefiting from said work, rights, improvements or acquisitions by said agency or utility in accordance with its rates, rules and regulations, and that said agreement or agreements shall become effective after proceedings have been taken for the levy of the assessments and sale of bonds and funds are available to carry out the terms of any such agreement or agreements. 3. 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. 4. 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 herein. 5. 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. 6. 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. 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. -2- . e 8. Notice is hereby given of the fact that in many cases said work and improvements 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. 9. In cases where there is any disparity in level or size between the improvements proposed to be made herein and private property and where it is more economical to eliminate such disparity by work on said private property than by adjustment of the work on public property, it is hereby determined that it is in the public interest and more economical to do such work on private property to eliminate such disparity. In such cases, said work on private property shall, with the written consent of the owner of said property, be done and the actual cost thereof may be added to the proposed assessment of the lot on which said work is to be done. 10. 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. 11. Said contemplated acquisitions and improvements, in the opinion of said Council, are of more than local or ordinary public benefit, and the cost 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 entitled "Proposed Boundaries, Parking District No.2" 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. -3- . e 12. 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 cost and expenses of said acquisitions and improvements. 13. Notice is hereby given that, except as herein otherwise provided, serial bonds to represent the unpaid assessments, and to bear interest at the rate of not to exceed eight percent (8%) per annum, will be issued hereunder in the manner provided in Bond Plan B, Division 3, Article III, Chapter 12A of the Gilroy City Code, the last installment of which bonds shall mature not to exceed nine (9) years from the second day of July next succeeding ten (10) months from their date. 14. Notice is further given that, should there be publicly owned operative property within the assessment district, certificates or serial bonds to represent the unpaid assessments against publicly owned property in use in the performance of a public function and to bear interest at the rate of not to exceed eight percent (8%) per annum, will be issued hereunder pursuant to Section 10206 of said Streets and Highways Code and in the manner provided in Section 6467 or Chapter 4.5 (commencing with Section 6468), Part 5, Division 7 of said Streets and Highways Code,the Improvement Act of 1911, all as provided in the Gilroy City Code, the last installment of which certificates or bonds shall mature not to exceed nine (9) years from the second day of June beginning with the fiscal year next following the date of the bonds. 15. Pursuant to Part 14 of Division 10 of said Streets and Highways Code, said Council intends to covenant for the benefit of bondholders to commence and diligently prosecute to completion any foreclosure action regarding delinquent installments of any assessments which secure the bonds to be issued in said proceedings to represent unpaid assessments, as provided in said Gilroy City Code. -4- e e 16. Except as herein otherwise provided for the issuance of bonds, all of said work shall be done as provided in Sections 12A.75 through 12A.83 and 12A.98 through 12A.107, Article II, Chapter 12A of the Gilroy City Code, and Section 19 of Article XVI of the Constitution of the State of California. 17. Reference is hereby made to proceedings had pursuant to Division 4 of said streets and Highways Code, as provided in said Gilroy City Code, on file in the office of the City Clerk. 18. Said acquisitions and improvements are hereby referred to the Engineer of Work of said City, being a competent person employed by said City for the purpose of having charge and control of the acquisitions and construction of public improvements in and for said City of the kind described herein, and said Engineer of Work 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 cost 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 subdivisions 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 cost 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. When any portion or percentage 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 -5- e . . . . e and improvements, and said assessment shall include only the remainder of the estimated cost and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to subdivision (d) of this section. 19. 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 said Streets and Highways Code, as provided in said Gilroy City Code, no notice of award of contract shall be published. 20. 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, 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 Construction Fund; b) To reimburse the City for any contributions or advances to or for the Construction Fund that were not pledged in this resolution. c) As a credit upon the assessment and any supplemental assessment; provided that such surplus may, if the City Council so determines, also be applied as a credit to the City on account of contributions made by it towards the cost and expenses of the acquisitions and improvements; d) For the maintenance of the improvements or a specified part thereof. 21. The total estimated cost of said project is $130,000.00, of which the City will contribute the estimated amount of $75,000.00, leaving an estimated balance of $55,000.00 to be assess~d. * * * * * -6- e . . . 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 19th day of November, 1979, by the following vote of the members thereof: . AYES, and in favor thereof, Councilmembers: CUNNINGHAM, HUGHAN, LINK, TAYLOR and GOODRICH. NOES, Councilmembers: None ABSENT, Councilmembers: ALBERT and PATE '- Gilro APPROVED: J(~r .~ -7-