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Resolution 577 RESOLUTION NOo 2IL RESOLUTION ADOPTING ANNEXATION POLICY FOR CITY OF GILROY WHEREAS the City Administrator has prepared and submitted to the Council for consideration in writing a proposed policy for governing Annexations to the City of Gilroy, a copy of which as finally adopted ;s attached hereto and made a part hereof, and WHEREAS the Council has considered the said proposed policy and has determined that a policy relating to Annexations to the City should be adopted and made available to all interested parties and that said policy as proposed with certain minor changes is a proper policy for said City of Gilroy to follow, and will be for the benefit and in the public interest of the City of GilroYl and should be adopted, NOW, THEREFORE, BE IT RESOLVED and it is hereby ordered that said proposed policy governing Annexations to the City of Gilroy as set forth in the attached copy thereof, be and the same is hereby adopted as the policy to be followed in and shall govern, all future annexations to the said City, BE IT FURTHER RESOLVED that copies of said policy as now adopted be prepared and be made available to any person, firm or corporation interested therein. PASSED AND ADOPTEDthis 5th day of July, 1960, by the following vote: AYES: MEMBERS OF THE COUNCIL: Jordan, Pate, Petersen, Rush, Wentworth, Sanchez NOES: MEMBERS OF THE COUNCIL: None ABSENT: MEMBERS OF THE COUNCIL: Goodr i ch Attest: APP?~ 1'7 l>/. /: . ,/ . <!;'?'r..-) C--a. J., L/ city Clerk Mayor / .~. //';/J ~/. I . , G. B. Carr , City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 577 is an original reeolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 5~h day of Julv , 19..RQ., at which meeting a quorum was present. IN lrlITNESS l'1HEREOF, I have hereunto set my hand and affixed the official seal of the C~ty of Gilroy, this 7th day of Julv , 19~. {t 'J. /") .' . ')",43 ".-d l.). / City Clerk of the City of Gilroy ANNEXATION POLICY General Condition of Annexation The City of Gilroy encourages areas or property within the boundaries of the City's master plan study area to annex to and become a part of the City of Gflroy, providing that as a condition of such annexation the terri- tory or property annexed shall be subject to taxation after annexation equal~y with properties within the City to pay its proportionate share of bonded indebtedness outstanding or authorized for the acquisition, con- struction and completion of municipal improvements, and facilities. In the petition for annexation the petitioner must certify that he agrees to this condition. CONDITIONS OF ANNEXATION DEVELOPED PROPERTY - CONTIGUOUS In order to equalize the treatment of properties that are contiguouS to the City limits (as these City limits exIst on the date of the adoption of this polIcy) whtchhave developed prior to annexation wIth the treatment of properties which annex and subseque~tly develop within the City limits, charges will be ~e to developed property for required facilities or I~ provements, whether existing or proposed, according to the following table. Table of CharQes for Facilities and Impro~~~ Water Mains - &' minimum Sanitary Sewers - 6" minimum. Storm Drainage Disposal Fire Protection - Hydrants FRONTAGE CHARGES $2.50 per front foot 2.80 per front foot .OCt per square foot No charge DeterminatIon of Frontaqe Front foot charges shall be based upon the width or depth of a developed lot fronting a street, highway, alley or right of way upon which sewer or water mains exist or are proposed to be Installed. In the event that the owner owns adjoIning undeveloped property fronting the same street, highway, alley or right of way which Is not of sufficient size to constitute a build- able lot t~e entire frontage shall be consIdered to be the width or depth of the lot. For the purpose of determining front foot charges for the furnishing of City Improvements or facilities, lot sizes shall meet the requirements of City regulations for land use. Time of Payment Front foot charges for sewer and water mains shall be paid at the time applicatIon Is made for a sewer service connection and/or a water service connection. The consent of the owner of the developed property desirIng to annex to pay the storm drainage disposal charge shall be embodied in an annexa- tion agreement and this charge shall be paid before the ordinance annexing the property shall be adopted. Other Improvements and Facilities The requirements for the installation of curbs, gutters and sidewalks and the improvements of the parking area on existing streets or highways fronting the developed property shall be the same as the requirements now prevailing within the City limits or which may hereinafter be required by the City Council. Easements, Riqhts-of-Wav, Improvement of Perimiter Streets Necessary easements for utilities. necessary rights-of-way for streets or al1eys and the improvement of on-site or perimiter streets shall be nego- tiated with the Counci 1. ,; AsseSsment Dlrstrlcts . the 'ofegol~~ requirements for the annexation of developed property shall hotptee)udd the forming of an assessment district In a developed area, when found to be more practicable, to fInance Improvements and facilities In such a manner as to make them acceptable to the City for service and maintenance. Credit for Existlnq Facilities The Council may allow credit against charges for public improvements and facilities in an area desiring to annex where existing public Improve- ments and facilities, already established, adequately serve the area and eliminate the requirement of the City to provide such Improvements and fa- cllftl es. DEVELOPED PROPERTY - NOT CONTIGUOUS The requIrements for the annexation of developed property which was not contiguous to the City limits at the time of the adoption of this policy shall be the same as the requirements for the annexatIon of developed prope.... ty contiGUOUS to the City limits at that time, except that, whenever it is necessary to extend water and/or sewer mains through Intervening territory to service the property proposed to be annexed, the feasabllity of these extensions shall be determined by the CouncIl and shall also depend upon the avallabl lIty of City funds for this purpose. UNDEVELOPED PROPERTY - CONTIGUOUS Undeveloped property contiguous to the City limits at the time of the adoption of this policy, which annexes and subsequently develops wIthin the City, shall conform to Council polIcy on the subdivisIon and development of property as set forth in Ordinance No. 602, known as the "Subdivision Ordi- nanc~', or amendments thereto, and related resolutions. UNDEVELOPED PROPERTY - NOT CONTIGUOUS The requIrements for the annexation of undeveloped property which was not contiguous to the City limits at the time of the adoption of this polIcy shall be the same as the requirements for the annexatIon of undeveloped pro- perty contiguous to the City limits at that time, except that, whenever it is necessary to extend water or sewer mains through Intervening territory to service the property proposed to be annexed the feasabllity of these ex- tensions shall be determined by the CouncIl and shall also depend upon the availability of City funds for this purpose. If agreeable to the City CouncIl and the developer of the property agreements may be entered Into whereby the developer may pay all or a por- tion of the costs of extending water or sewer mains to the property. Under these agreements the developer may be reimbursed as Intervening property develops. Where sewer mains are not ~atlable, septic tanks for domestic sewage disposal may be used in the development of residentIal property If the ex- tension of sewer maIns are determined to be not feasable. Septic tanks wll. be permitted only where lots are of sufficient size and where 5011 conditions permit. Date subml tted: June 6, 1960