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-