Resolution 1983-07
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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
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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
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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.
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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 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
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