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Resolution 1981-45 . . RESOLUTION NO. 81 - 45 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RE: NON-PARTICIPATION OF CITY FUNDS IN THE CONSTRUCTION OF ANY BRIDGES, SERVING CARLYLE _ AND CHURCH STREETS, l.;r'rlICH MIGHT R..'SSULT FROM THE DIVERSION OF DRAINAGE WATERS ACROSS TRACT NO. 6663. WHEREAS, the "566 Drainage Project" proposes to construct a new channel across Carlyle Street and Church Street in the vicinity of Tract No. 6663 "Barnett-Range"; and WHEREAS, the General Plan of the City of Gilroy has for many years shown the need of Church Street as an arterial street requiring a seventy-five (75) foot wide right-of-way in the area of this crossing to accommodate projected traffic needs; and WHEREAS, the Plan Lines for Church Street pre-existed the Plan Lines for the 566 Project; and WHEREAS, the City has had utility lines within the proposed section of Church Street for many years; and WHEREAS, the remaining street improvements are now being constructed to City standards and to dimensions established in the adopted General Plan; and WHEREAS, the City will require the developer to excavate a portion of the drainage channel thus saving money for the 566 Project; and WHEREAS, the 566 Project proposes to divert drainage run- off from its natural course through said Tract; and WHEREAS, the Project does not yet have approval to proceed with construction nor does it yet have assurance of being approved; and WHEREAS, at the time the project is approved there will exist two (2) public streets in this vicinity, each requiring bridges; and WHEREAS, in order to proceed, it will be necessary for the project to obtain permission from both the County and the City to -1- RESOLUTION NO. 81 - 45 . . provide for the channel to cross our streets. NOW, THEREFORE, BE IT P~SOLVED the City of Gilroy hereby adopts this statement of position: BE IT RESOLVED that the City of Gilroy will not bear a cost for the crossing of Church Street resulting from the diversion of flood waters through Tract No. 6663 by the "566 Drainage Project". BE IT FURTHER RESOLVED that the City will cooperate with said project by requiring the developer of Tract No. 6663 to provide an alternate access to Church Street for the Conrotto property and thus make it possible for the abandonment of that part of Carlyla which presently crosses the proposed channel right-of-way; and BE IT FURTHER RESOLVED that because of the City Bridge needs to accommodate the wide section of Church Street, the City will assist in the abandonment of said portion of Carlyle Street and thus make it unnecessary for the project to provide two (2) bridges in this vicinity. PASSED AND ADOPTED this 4th day of May, 1981, by the follow- ing vote: NOES: COIUNCIL HEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH. COUNCIL }lliMBERS: None AYES: ABSENT: COUNCIL HEMBERS: None APPROVED: //,~k~/ Mayor ATTEST: RESOLUTION NO. 81 - 45 . . I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 81-45 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 4th day of May , 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 5th day ofMav 19 !ll.-.