Resolution 1990-73
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RESOLUTION NO.
90 - 73
RESOLUTION REQUESTING CONSENT TO
CONDUCT ASSESSMENT PROCEEDINGS
COUNTRY ESTATES - PHASE I ASSESSMENT DISTRICT
The City Council of the City of Gilroy resolves:
On August 20, 1990, this Council proposed to adopt a
Resolution of Intention, a copy of which is annexed hereto, marked
Exhibit A, and by reference incorporated herein as though fully set
forth.
A portion of the property proposed to be assessed lies within
the unincorporated territory of the County of Santa Clara.
The area of the County of Santa Clara which lies within the
proposed assessment district will, in the opinion of the Council,
be benefited by the improvements referred to in the proposed
Resolution of Intention, and the purposes sought to be accomplished
by the work can best be accomplished by a single, comprehensive
scheme of work.
On September 28, 1990, the Board of Supervisors of the County
of Santa Clara granted jurisdiction to the City of Gilroy in
connection with these proceedings. Since that time additional area
which lies within the County of Santa Clara has been added to the
proposed district.
The consent of the County of Santa Clara, through its Board of
supervisors, is hereby requested to the formation of the district
described in said Resolution of Intention, to the improvement
described, and to the assumption of jurisdiction by this city
Council for all purposes in connection with the formation of this
assessment district, the improvements to be made and the assessment
of property within the boundaries of the proposed district,
including the additional property as outlined in the Boundary Map
filed with the city Clerk of the City of Gilroy on November 5,
1990.
The city Clerk is hereby directed to transmit a certified copy
of this resolution with the proposed Resolution of Intention
attached, and a certified copy of the map showing the boundaries of
the district, to the Clerk of the County of Santa Clara.
RESOLUTION NO. 90 - 73
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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 November, 1990, by the following vote of the members
thereof:
AYES, and in favor, thereof, Councilmembers: GAGE, HALE, KLOECKER,
MUSSALLEM, NELSON, VALDEZ and HUGHAN.
NOES, Councilmembers: None
ABSENT, Councilmembers: None
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Mayor
RESOLUTION NO. 90 - 73
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RESOLUTION NO.
RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN
COUNTRY ESTATES - PHASE I ASSESSMENT DISTRICT
The City Council of the City of Gilroy resolves:
This Council intends to order the following improvement
under the authority of the Municipal Improvement Act of 1913:
The acquisition of property necessary for the
installation of sanitary sewer facilities, maintenance of
road and water facilities, together with the acquisition
and/or construction of all improvements in connection
therewith, all as located and more particularly shown on
the plans entitled "Gilroy Country Club Trench Sewer
Line" and "Gilroy Country Club Estates, Tract No. 8136",
prepared by MH Engineering Company on file with the City
Clerk of the city of Gilroy which said plans are open to
public inspection and shall govern for all details.
This Council finds that the land specially benefited by
the improvement is shown within the boundaries of the map entitled,
"Proposed Boundaries of Country Estates - Phase I Assessment
District, city of Gilroy, Santa Clara county, CA." This map has
been approved by the City Council and is now on file with the City
Clerk. The land within the exterior boundaries shown on the map
shall be designated Country Estates - Phase I Assessment District,
city of Gilroy, Santa Clara County, California.
This Council intends to levy a special assessment upon
the land within the described district in accordance with the
special benefit to be received by each parcel of land,
respectively, from the improvement. There shall be omitted from
special assessment all public streets, alleys and places and all
land belonging to the united States, the State of California, the
County of Santa Clara and this City now in use in the performance
of a public function.
Where any disparity occurs in level or size between the
improvement and private property, this Council determines that it
is in the public interest and more economical to eliminate the
disparity by doing work on the private property instead of
adjusting the work on public property. Accordingly, work may be
done on private property for this purpose with the written consent
of the landowner.
EXHIBIT A
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Bonds representing unpaid assessments, and bearing
interest at a rate not to exceed twelve percent (12%) per annum,
will be issued in the manner provided by the Improvement Bond Act
of 1915 (Division 10, streets and Highways Code), and the last
installment of the bonds shall mature fourteen (14) years from the
second day of September next succeeding twelve (12) months from
their date.
The procedure for the collection of assessments and
advance retirement of bonds under the Improvement Bond Act of 1915
shall be as provided in Part 11.1, Division 10, of the Streets and
Highways Code of the State of California.
The City will not obligate itself to advance available
funds from the City treasury to cure any deficiency which may occur
in the bond redemption fund. A determination not to obligate
itself shall not prevent the City from, in its sole discretion, so
advancing funds.
This Council finds that the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931
(commencing with Section 2800, Streets and Highways Code) does not
apply to these proceedings.
This Council appoints Norman S. Allen, Director of Public
Works, as Engineer of Work for this project, and directs the
preparation of the report required by section 10204 of the Streets
and Highways Code.
In the opinion of this Council, the public interest will
not be served by allowing owners of assessable lands to enter into
a contract for the work of improvement as otherwise permitted in
section 20485 of the Public Contract Code.
If any excess shall be realized from the assessment it
shall be used, in such amounts as the City 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 fundi
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(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 or any local, state or national agency or authority
which shall have made a contribution towards the cost and
expenses of the acquisitions and improvements in the
proportion which such contribution bears to the total
amount of the assessment or supplemental assessment prior
to the deduction of all such contributions; or
(c) For the maintenance of the improvements.
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