Resolution 1993-77
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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
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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.
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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.
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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 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
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~Clerk of the City 0
_ ayor
RESOLUTION NO. 93 - 77
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