Resolution 1992-91
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RESOLUTION NO. 92 - 91
RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN
NORTH FOREST STREET ASSESSMENT DISTRICT
CITY OF GILROY
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:
A. The acquisition of property necessary for the opening of
a new street of the uniform width of seventy (70) feet
from Leavesley Road at Forest Street, running thence
northerly along the northerly prolongation of the
centerline of Forest Street 2350 feet more or less,
westerly of and generally parallel with Murray Avenue 825
feet more or less; thence running easterly 800 feet more
or less to Murray Avenue at a point on Murray Avenue 250
feet more or less southerly of the centerline of the
Santa Clara Valley Water District Flood Control Channel
and the improvement thereof, by clearing, grubbing,
grading, removal of existing trees, shrubs and
structures, and the construction therein of base,
pavement, curbs, gutters, street signs, striping,
monuments, barricades, underground serviced street
lighting facilities, surface and subsurface storm
drainage facilities, including outfall structures where
required, sewer mains, manholes with manhole frames and
covers, wye branches, laterals and cleanouts where
required, water mains, valves, tees, hydrants and
services where required, together with connection of said
sewer and water facilities to existing facilities of the
City of Gilroy, underground electrical power distribution
and service facilities, underground gas transmission and
distribution facilities and underground communication,
transmission and service facilities.
The improvement of the westerly half of Murray Avenue
from a point approximately 335 feet north of the
centerline of Leavesley Road at the south line of
Assessor's Parcel Number 835-1-12, northerly 2200 feet
more or less to the southerly line of the Santa Clara
Valley Water District Flood Control Channel at Assessor's
Parcel Number 835-2-29; and the improvement thereof by
clearing, grubbing, and the construction therein of base,
pavement, curbs, gutters, street signs, striping,
monuments, barricades, underground serviced street
lighting facilities, surface and subsurface storm
drainage facilities, including outfall structures, where
required, sewer mains, manholes, manhole frames and
covers, wye branches, laterals and cleanouts, where
required, water mains, valves, tees, hydrants and
services, where required, together with connection of
said sewer and water facilities to existing facilities of
the city of Gilroy.
B. 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.
This Council finds that the land specially benefited' by the
improvement is shown within the boundaries of the map entitled,
"Boundary Map, Proposed Boundaries of North Forest Street
Assessment District, City of Gilroy, County of Santa Clara, State
RESOLUTION NO. 92 - 91
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of California." 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 North Forest street
Assessment District, city of Gilroy, County of Santa Clara, State
of 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.
This Council intends to enter into agreements with Contel of
California, Inc. and Pacific Gas and Electric Company under the
provisions of section 10110 of the Streets and Highways Code,
inasmuch as certain facilities included in the improvement are to
be under their ownership, management and control.
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.
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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 the 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 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 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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(d) To call bonds, thereby reducing outstanding assessments
and subsequent assessment installments.
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 21st
day of December, 1992, by the following vote of the members
thereof:
AYES, and in favor, thereof, Councilmembers: GILROY, HALE, KLOECKER,
NELSON, VALDEZ and GAGE.
NOES, Councilmembers: None
ABSENT, Councilmembers:
ROWLISON
APPZtfll ~
Mayor .
RESOLUTION NO. 92 - 91
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