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Resolution 1993-77 '.~ .i ~ . . -."'- ~ RESOLUTION NO. 93 - 77 RESOLUTION APPROVING AMENDED REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT NORTII FOREST STREET ASSESSMENT DISTRICT CI1Y OF GILROY The City Council of the City of Gilroy resolves: This Council has taken a series of actions preliminary to orde. lng the improvement in North Forest Street Assessment District, City of Gilroy, County of Santa Clara, State of California, and now makes the following findings and orders: 1. The Council adopted a map showing the boundaries of the land benefited by the proposed improvement and an amended map amending the boundaries of the land benefited by the proposed improvement. A copy of the boundary map and the amended boundary map were filed in the office of the County Recorder of the County of Santa Clara in the Book of Maps of Assessment Districts. 2. The Council adopted its Resolution of Intention to order the improvement described therein under the Municipal Improvement Act of 1913, and directed the Director of Public Works, as the Engineer of Work for the assessment district, to prepare the report, required by Section 10204 of the Streets and Highways Code. The improvement is generally described as follows: 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. 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. 3. The Engineer of Work filed the report as directed, and the City Council called two public hearings on the report as required by Section 10301 of the Streets and Highways Code. Notice of the hearings was given by mailing to affected property RESOLUTION NO. 93 - 77 . j .: ," . . .... < ~ . owners, all according to the Municipal Improvement Act of 1913. An affidavit of mailing was filed with the City Clerk. 4. At the times and place for which notice was given, the City Council conducted public hearings, ordered the modification of said proceedings to provide that the last installment of the bonds to be issued to represent the unpaid assessments shall mature not to exceed twenty-four (24) from the second day of September next succeeding twelve (12) months from their date and gave every interested person an opportunity to object to the proposed improvement, the extent of the assessment district, or the proposed assessment. Following the hearings, at the direction of the City Council the Engineer of Work filed an amended report. 5. The Council finds that written protests against the proposed improvement have not been made by owners representing more than one-half of the area of the land to be assessed for the improvement. 6. The documents and events described in paragraphs 1 to 4, inclusive, are stated here in tabular form, with their dates and, where appropriate, their numbers. All documents are now on file with the City Clerk. Document or Event Date Number a. Resolution Approving Boundary Map 12/21/92 92-89 b. Boundary Map filed with County Recorder 12/28/92 Filed c. Resolution of Intention 12/21/92 92-91 d. Filing of Engineer's Report 8/16193 Filed e. Resolution accepting Report 8/16/93 93-49 f. Certificate of Mailing 8/20/93 Dated Notice of Improvement g. Affidavit of Publishing Notice of Sealed Bids 8/30/93 Dated h. Public hearing conducted 9/27/93 i. Public hearing continued 10/04/93 j. Certificate of Posting Notice of Continuance of Hearing 10/05/93 Dated k. Resolution Continuing Hearing and Consideration of All Matters 10/25/93 93-59 1. Resolution Continuing Hearing and Consideration of All Matters 11/15193 93-64 m. Public hearing conducted 12/06/93 n. Resolution Ordering Deletion of Certain Improvements 12/06/93 o. Resolution Approving Amended Boundary Map 12/06/93 p. Amended Engineer's Report 12/06/93 7. The Council approves the Amended Engineer's Report and each component part of it, including each exhibit incorporated by reference in the report. RESOLUTION NO. 93 - 77 2 'P' ..' . . . 8. The Council finds that the Engineer of Work in the Amended Engineer's Report has fairly and properly apportioned the cost of the improvement to each parcel of land in the assessment district in proportion to the estimated benefits to be received by each parc'e1, respectively, from the improvement. The City Council hereby confirms and levies each individual assessment as stated in the Amended Engineer's Report. (). This City Council orders the improvement described in paragraph 2 and as detailed in the Amended Engineer's Report. 10. 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 not to exceed twenty-four (24) years from the second day of September next succeeding twelve (12) months from their date. 11. According to Section 10603 of the Streets and Highways Code, the City Council designates the City Treasurer to collect and receive payment of the assessments. The property owners who elect to pay their assessments in cash before the issuance of improvement bonds will not be required to pay their pro rata share of the allowance for special reserve fund, allowance for bond discount and allowance for capitalized interest. * * * 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 6th day of Dee. ,199~ by the following vote of the members thereof: AYES, and in favor, thereof, Councilmembers: GILROY ,KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GAGE. NOES, Councilmembers: None ABSENT, Councilmembers: None A~~. ~Clerk of the City 0 _ ayor RESOLUTION NO. 93 - 77 3