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Resolution 1990-73 .! ~ . . ~ 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 ," ~. . . * * * 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 ~=!o~~e !h~ Mayor RESOLUTION NO. 90 - 73 2 '.. . . 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 '. . . 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 2 . . ~ (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. * * * 3