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Resolution 1983-07 .............. -.. "" n%A-128a . 4:PDA:rva 02/07/83 ""12c- RESOLUTION NO. 83- 7 A RESOLUTION REQUESTING CONSENT OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CLARA TO THE EXERCISE OF EXTRATERRITORIAL 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 KERN AVENUE IMPROVEMENT DISTRICT 1983-2 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 installation of utilities and the widening of Kern Avenue from First Street (Hecker Pass Highway) to a point 150 feet, more or less, southerly of Ramona Way and for the installation of utilities and the opening of Howard Avenue, Silvia Street, Hoesch Way and Culp Drive as shown on that certain Tentative Map of Solis Rancho approved by the City Council of the City of Gilroy on June 7, 1982, on file in the office of the City Clerk of said City and the improvement thereof by clearing, grubbing, excavation and grading and the construction therein of base, pavement, curbs, gutters and sidewalks, where required, driveway approaches, driveway conforms, street signs, striping, street lighting facilities, surface and subsurface storm drainage facilities, where required, sanitary sewer mains, manholes with manhole frames and covers, laterals and cleanouts, where required, water mains, valves, fittings, hydrants and services, where required, underground electrical power distribution and service facilities, where required, underground communication transmission and service facilities, where required, and gas transmission and service facilities, where required, together with appurtenances to any of the above. b) The acquisition of all lands, easements, and rights of service and use and the performing of all work auxiliary to any of the above and necessary to complete the same. WHEREAS, this Council proposes to assess the costs of said acquisitions and improvements and the expenses incidental thereto upon RESOLUTIO N 83- 7 .. . . a district benefited thereby, the exterior boundaries of which are the coterminous exterior boundaries of the composite and consolidated area shown on the map thereof entitled "Proposed Boundaries of Kern Avenue Improvement District 1983-2" on file in the office of the City Clerk; 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 the 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 to the assumption of jurisdiction thereover for the purposes aforesaid, and to the making of such changes and modifications in said work or acquisitions, in said assessments, or in the boundaries of said -2- ~ . . assessment district prior to or during the course of said proceedings as may be proper or advisable in the manner provided by law, and to the conduct of such supplemental assessment or reassessment proceedings as may be necessary to complete the acquisition, construction and financing of said acquisitions and improvements. 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 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. * * * * * -3- .... -~,," . . 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 7th day of February, 1983, by the following vote of the members thereof: AYES, and in favor thereof, Couqcilmembers: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH. NOES, Councilmembers: None ABSENT, Councilmembers: None APPROVED: ~dL-k Mayor RESOLUTION NO. 83 - 7 -4-