Resolution 1981-93
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07/01/81
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RESOLUTION NO. 81- 93
A RESOLUTION OF PRELIMINARY DETERMINATION AND OF INTENTION
RONAN AVENUE - LIMAN AVENUE ASSESSMENT DISTRICT
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 that it intends
to order the work to be done and acquisitions and improvements to be
made all as more particularly described in Exhibit "A" hereto attached
and by reference incorporated herein.
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
entity, or of any public utility, it is the intention of the City
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) of Division 12 of the Streets and Highways Code of the State of
California, which agreement or agreements shall provide for the
ownership by said agency or utility of such works, 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. Said streets and highways 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.
RESOLUTION NO. 81 - 93
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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.
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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.
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 tne 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.
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10. The description 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 of Ronan Avenue - Liman Avenue
Assessment District" 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.
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 serial bonds to represent the
unpaid assessments, and to bear interest at the rate of not to exceed
twelvepercent (12%) per annum, will be issued hereunder in the manner
provided in the Improvement Bond Act of 1915, Division lO of said
Streets and Highways Code, the last installment 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.
14. 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
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foreclosure action regarding delinquent installments of any assessments
which secure the bonds to be issued in said proceedings to represent
unpaid assessments.
l5. Pursuant to Part 16 of Division 10 of said Streets and
Highways Code, said Council intends to include in said proceedings an
amount to create a special reserve fund for the bonds to be issued in
said proceedings to represent unpaid assessments.
16. Except as herein otherwise provided for the issuance of
bonds, all of said acquisitions and improvements shall be made and done
as provided in the Municipal Improvement Act of 1913, Division 12 of
said Streets and Highways Code, and Section 19 of Article XVI of the
Constitution of the State of California.
17. Said proposed 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 acquisition 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: and
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.
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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
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.
18. 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, no
notice of award of contract shall be published.
19. 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 Improvement Fund;
b) 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;
c) For the maintenance of the improvements.
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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
5th day of
October
, 1981, by the following vote of the members thereof:
AYES, and in favor thereof, Councilmembers:ALBERT, HUGHAN, PATE,
TAYLOR and GOODRICH.
NOES, Councilmembers:
None
ABSENT, Councilmembers:
CUNNINGHAM and LI~K.
APPROVED:
Jf~~:f
Mayor
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.7528A-300a
EXHIBIT "A"
a) The acquisition of property, where required, for the alignment of
Ronan Avenue from Wren Avenue to Monterey Road, Church Street from
Ronan Avenue to Liman Avenue and Liman Avenue from Church Street to
Monterey Road and for the construction of curb returns at
intersections, where required, and the improvement of Ronan Avenue
from Wren Avenue to Monterey Road, Liman Avenue from Church Street
to Monterey Road, Church Street from Ronan Avenue to Liman Avenue,
Lilly Avenue from Liman Avenue to Ronan Avenue, and the westerly
side of Monterey Road from a point 170 feet, more or less, south of
Ronan Avenue to a point 580 feet, more or less, north of Liman
Avenue by clearing, grubbing, excavation, grading, removal of
existing trees, shrubs and structures and the construction therein
of base, pavement, removal and/or construction of curbs, gutters,
sidewalks and driveways, where required, surface and subsurface
storm drainage facilities, where required, street lighting
facilities, where required, and the reconstruction and/or relocation
of utilities, where required, together with appurtenances to any of
the above.
b) The installation and construction of water mains, valves, tees,
hydrants and services, where required, along the west side of
Monterey Road from a point 170 feet, more or less, south of Ronan
Avenue to a point 580 feet, more or less, north of Liman Avenue.
c) The removal of the Ronan Avenue bridge over the west branch of
Llagas Creek and the construction of a storm drainage culvert in
place thereof.
d) 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.
City of Gilroy
Ronan Ave.-Liman Ave. A.D.
07/01/81