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HomeMy WebLinkAboutResolution 1480 " WJML:PDA:mp 6/26/70 ~2c RESOLUTION NO. 1480 A RESOLUTION OF PRELIMINARY DETERMINATION AND OF INTENTION PACHECO PASS IMPROVEMENT DISTRICT PROJECT NO. 1970-2 RESOLVED, by the City Council of the City of Gilroy, California, that it does hereby preliminarily d~termine that the public interest, convenience and necessity require, and that it intends to order the following work to be done, acquisitions and improvements to be made, as follows: 1. (a) The construction of sanitary sewer mains, manholes with manhole frames and covers, force main and lift station together with appurtenances to any of the foregoing in Pacheco Pass Highway from Hirasaki Farms Road easterly 4,000 feet, more or less. (b) The construction of water mains, valves and hydrants to- gether with appurtenances to any of the foregoing in Ninth Street from a point 1,000 feet, more or less, westerly of Pacheco Pass High- way to Pacheco Pass Highway and in Pacheco Pass Highway from Ninth Street easterly 5,800 feet, more or less. (c) The acquisition of disposal and capacity rights and a right of service and use in existing sanitary sewage collection, transmission, treatment and disposal racilities, and in existing water storage, transmission and distribution facilities of the City of Gilroy. (d) The acquisition of all lands and easements and the per- forming of all work auxiliary to any of the above necessary to com- plete the same. 2. All of the blocks, streets and alleys herein mentioned are shown on maps of record in the office of the County Recorder of Santa Clara County, State of California, and shall be shown upon the plans herein referred to and to be filed with the City Clerk of said City. 3. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersec- tions of the public ways referred to are included to the extent that work shall be shown on the plans to be prepared herein. 4. All of said work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations, as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. r, ". /. L/ J I, I () .~ 5. There is to be excepted from the work above described any of such work already done to line and grade and marked excepted or shown not to be done on said plans, profiles and specifications. 6. Said Council does hereby adopt and establish as the official grades for said work the grades and elevations to be shown upon said plans, profiles and specifications. All such grades and elevations are to be in feet and decimals thereof with reference to the datum plane of the City of Gilroy. 7. Notice is hereby given of the fact that in many cases said work and improvement will bring the finished work to a grade differ- ent from that formerly existing, and that to said extent said grades are hereby changed and that said work will be done to said changed grades. 8. The descriptions of the acquisitions and improvements and the termini of the work contained in this Resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work, and maps and descriptions as contained in the Engineer's re- port, shall be controlling as to the correct and detailed description thereof. 9. Said contemplated acquisitions and improvements, in the opinion of said Council, are of more than local or ordinary public benefit, and the costs and expenses thereof are made chargeable upon an assessment district, the exterior boundaries of which district are the composite and consolidated area as more particularly shown on a map thereof entitled, I1Proposed Boundary, Pacheco Pass Improve- ment District, Project No. 1970-2", on file in the office of the City Clerk, to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory in- cluded in the proposed district and shall govern for all details as to the extent of the assessment district. 2 10. Said Council further declares that all public streets, highways, lanes and alleys within said assessment district in use in the performance of a public function as such, shall be omitted from the assessment hereafter to be made to cover the costs and ex- penses of said acquisitions and improvements. 11. Notice is hereby given that serial bonds to represent unpaid assessments, and bear interest at the rate of not to exceed seven percent (7%) per annum, will be issued hereunder in the man- ner provided in Bond Plan B, Chapter 12A, Article III, Division 3 of the Gilroy City Code, the last installment of which bonds shall mature not to exceed fourteen (14) years from the second day of July next succeeding ten months from their date. The provisions of Part 11.1 of the Streets and Highways Code providing an alternative pro- cedure for the advance payment of assessments and the calling of bonds, shall apply. 12. Except as herein otherwise provided for the issuance of bonds, all of said work shall be done as provided in Chapter 12A, Article II of the Gilroy City Code, and Section 17 of Article XIII of the Constitution of the State of California. 13. Said proposed acquisitions and improvements are hereby referred to the City Engineer of said City as the officer having charge and control of the acquisitions and construction of public improvements in and for said City of the kind described herein, being a competent person employed by said City for that purpose, and said City Engineer is hereby directed to make' and file with the City Clerk of said City a report in writing, presenting the following: (a) Maps and descriptions of acquisitions to be made; (b) Plans and specifications of the proposed improvements to be made pursuant to this Resolution; (c) Engineer's estimate of the itemized and to~al esti- mated costs and expenses of said acquisitions and improvements and 3 of the incidental expenses in connection therewith; (d) Diagram showing the assessment district above referred to, and also the boundaries and dimensions of the respective sub- divisions of land within said district as the same existed at the time of the passage of this Resolution, each of which subdivisions shall be given a separate number upon said diagram; (e) A proposed assessment of the total amount of the cost and expenses of the proposed acquisitions and improvements upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by such subdivisions, respective- ly, from said acquisitions and improvements, and of the expenses incidental thereto. When any portion or percentage of the cost and expenses of the acquisitions and improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of said ac- quisitions and improvements, and said assessment shall include only the remainder of the estimated cost and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to subdivision (d) of this section. 14. Notice is hereby given, that, in the opinion of the Coun- cil, the public interest will not be served by allowing the property owners to take the contract for the construction of the improvements and that, pursuant to Section 10502.4 of the Streets and Highways Code, no notice of award of contract shall be published. 15. If any excess shall be realized from the assessment it shall be used, in such amounts as the Council may determine, in ac- cordance with the provisions of law for one or more of the follow- ing purposes: (a) Transfer to the general fund of the City, provided 4 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; or (c) For the maintenance of the improvements. 16. The estimated cost of said project is $186,373.37, of which the City will contribute the estimated amount of $41,373.37, leaving an estimated balance of $145,000.00, to be assessed. * * * * * * * * * * I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Gilroy, California, at a meeting thereof held on the 6th day of Julv , 1970, by the following vote of the members thereof: AYES, and in favor thereof, Councilmembers: Batrez, Duffin, Silva, Wentworth, Goodrich. None NOES, Councilmembers: ABSENT, Councilmembers: Kennedy, Pate Deputy /.( - () ;/," / 0- -c(,(-/ -c .' '- ' < ('<"'-7'.:\ -" City Olerk of the Citydf Gilroy APPROVED: ,), .~. ../ ; /. I /C{'/C,d,./ Cp '~". . i' (.-('":::.1 ., Mayor : 5