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