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Resolution 747 RESOLUTION NO. 747 RESOLUTION OF THE CITY OF GILROY ENDORSING COUNTY WATER PROGRAM WHEREAS, on February 20, 1963, the Santa Clara County Water Commission recommended to the Board of Supervisors of the Santa Clara County Flood Control and Water Conservation District a water program consisting of a water treatment and distribution system for Zone ~l of said District; and WHEREAS, said recommendations included recommendations on tax limits and water charges to provide revenue in support of said water program; and WHEREAS, the Board of Supervisors of said District on the 4th day of March, 1963, adopted all of the recommendations of the Santa Clara County Water Commission by resolution, a copy of which is attached hereto; and WHEREAS, the City Council of the City of Gilroy agrees with the recommendations of the Santa Clara County Water Commission as set forth in the resolution adopted by the Board of Supervisors. NOW, THEREFORE, be it resolved by the City Council of the City of Gi I roy as follows: 1. That the Board of Supervisors of said District be ad- vised of the approval and support of the City Council of of the recommendations of the Santa Clara County Water Com- mission adopted February 20, 1963, as contained in the resolution of said Board of Supervisors adopted March 4, 1963. 2. That said Board of Supervisors be, and are hereby, re- quested to call for a bond election on June 11, 1963, to put 7J-/.7 before the voters the recommendations of said Water Commission as adopted by the Board of Supervisors. 3. That said Board of Supervisors be, and are hereby, ad- vised of the complete support by the City Council of the City of G i I roy of said recommendations of the Santa Clara County Water Commission as contained in the resolution adopted by the Board of Supervisors. PASSED AND ADOPTED by the City Council of the City of G II roy on the 1st day of Apri I , 1963 by the following roll call vote: AYES: COUNCIL MEMBERS: Duffin,Eckard,Goodrich,Jordan,Quartiroli, Wentworth, and Petersen NOES: COUNC I L MEMB ERS: None ABSENT: COUNC I L MEMBERS: None APPROVED: MAYOR ATTEST: CITY CLERK I, SUSANNE E. PAYNE , City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 747 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 1st day of Apri I , 19..2,L, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and af- fixed the official seal of the City of Gilroy, this 2nd day of April ,19..&.1. . . RESOLUTION ADOPTING RECOMMENDATIONS OF SANTA CLARA COUNTY ,^!ATER COMMISSION AND DECLARING PRICING POLICY FOR WATER PROGRAM WHEREAS, In accordance with previous recommendations of the Santa Clara County i,Vater Commission, this Board of Supervisors established Zone Vr-l (Voting Zone) and Zone W-2 (Ground "Nater Charge Zone) of this District, both of said zones having the same boundaries, and held a bond election in the amount of $42,050,000 for the financing of a water treatment and distribution system; and 'WHEREAS, the Santa Clara County Vvater Commission on February 20, 1963, made certain recommendations modifying previous recommendations on tax and water charges to provide revenue in support of said bond election; and WHEREAS, this Board of Supervisors feels that said modifications as recommended by the Santa Clara County \Alater Commission are equitable and will be beneficial to this District and said zones. NO"", THEREFORE, it is hereby resolved that the recommendations adopted on February 20, 1963 by the Santa Clara County Water Commission are hereby adopted by this Board of Supervisors and set forth as follows: A. Construction Schedule of Treatment and Distribution Facilities. 1. The Northeast, Central, and Central Extension Pipelines, as contained in the Engineer's Report, Zone 1,"'-1, dated July 18, 1962,are to be constructed to become operable in time to receive water from the State of California through the South Bay Aqueduct by December 31, 1964. 2. The West Pipelines and the first increment of the '^,est Side Treatment Plant are to be constructed to become operable by January 1, 1966, subject however, to the provision to be contained in the ordinance calling the bond election prohibiting the expenditure of any bond money authorized for the construction of treatment plants, except that which is supported by bona fide contracts for the purchase of said water which will support the repayment of cost for said plant and said costs as hereinafter set forth in (C. 3) . 3. The northerly portion of the Cross-Valley Pipelines is to be constructed to become operable by January 1, 1967, unless it is found necessary to construct said line at an earlier date in order to obtain better distribution of water. 4. The Milpitas and East Pipelines and the first increment of the East Side Treatment Plant are to be constructed when contracts have been obtained which will satisfy the provisions to be contained in said bond election ordinance. 5. The remaining portion of the Cross-Valley Pipeline is to be constructed to become operable in time to receive water from the completed Pacheco Aqueduct, estimated to be January 1, 1971. B. Bond Financing. 1. The water treatment and distribution system, as adopted by this Board of Supervisors on Monday, August 20, 1962, is to be financed by the issuance of revenue- supported general obligation bonds within Zone ""-1. 2. Such bonds shall not be sold until needed for construction of facilities in accordance with the above construction schedule. C. Pricing and Financing. 1. Taxes. a. The existing District-wide tax of 5~ on each $100 of assessed value of land and improvements is to be maintained until it can be reduced as set forth - 2 - in (c) below. Said tax will be levied to pay for the general economic benefit to the county as a whole for having facilities which import water, including the South Bay and Pacheco Aqueducts. b. Said tax shall be limited to a maximum rate of 5~. c. v'IThen total revenues are sufficient to reduce taxe s or water rates, the District-wide tax will be reduced to zero before a reduction in the price of treated water or a reduction of the municipal and industrial ground water charge below $10 per acre foot or a reduction in the agricultural ground water charge below $5 per acre foot. d. There shall be a tax import credit to be paid to cities or districts importing Hetch-Hetchy, or any other approved imported water into the Santa Clara County Flood Control and \ATater Conservation District. The tax import credit is to be computed by determining the percentage of Hetch-Hetchy water used within each such city or district. Each such city or district is to be given a credit on taxes collected therein in the same percentage as its Hetch-Hetchy water use bears to total water use within such city; provided however, that the tax import credit would be limited as to each city or district to a maximum of 60% of the taxes collected for water purposes by the Santa Clara County Flood Control and \^later Conservation District within such importing city or district. 2. Ground Vlater Charges. a. The agricultural ground water charge will be established at $5 per acre foot for all waterB - 3 - produced for agricultural use from wells within Zone IN-2, said water charge to become effective on July 1, 1964. b. The municipal and industrial ground water charge will be established at $10 per acre foot for all water produced for municipal and industrial use from wells within Zone VI/-2, said charge to become effective on July 1, 1964, subject to modifications as set forth in (c) below. c. In the event revenues based on the above 5~ tax and the above $5 and $10 ground water charges are ins ufficient to pa y annual costs, the municipal and industrial ground water charge will be increased to the extent necessary to pay such annual costs. d. Costs not paid for by 1) taxes remaining after payment of tax import credits, 2) revenue from agricultural ground water charges or sales of agricultural surface distributed water and, 3) revenue to repay 1/2 the construction and maintenance and operation costs of the East, 'Nest, and Milpitas Pipelines resulting from sales of treated water hereinafter set forth in (C. 3.) , shall be allocated to the municipal and industrial ground water charge. 3. Treated 'Hater Prices. a. Treated water will be priced at an amount to include all of the amortization of construction costs for treatment plants, including land, all treatment plant maintenance and operation costs, plus 1/2 of the amount required to amortize the construction - 4 - and the maintenance and operation costs of the East, West, and Milpitas Pipelines, plus an amount equal to the municipal and industrial ground water charge. b. The ordinance calling the bond election shall contain a section prohibiting the expenditure of any bond money authorized for the construction of treatment plants, until there exist bona fide contracts for the purchase of said water, which purchases and contracts will support the repayment of the costs for said plants, including land, and 1/2 of the construction and maintenance and operat ion costs of the East, 'Vest, and Milpitas Pipelines as set forth in (a) above. D. Legislation. 1. The Santa Clara County Flood Control and ,.vater Conservation DistrictMl shall be amended to permit the pricing policies set forth herein with speCial reference to removing the maximum limit of $10 per acre foot on the municipal and industrial ground water charge and allOWing for tax import credit payments to cities or districts importing water into the Santa Clara County Flood Control and ""ater Conservation District. 2. The Water Conservation Act of 1931 shall be amended to include legislation as submitted by the Santa Clara Valley Water Conservation District authorizing said District to levy ground water charges. - 5 - 3. The amendments to the Santa Clara County Flood Control and '.^Tater Conservation District Act and the~vFater Conservation Act of 1931, as endorsed by this resolution, should be enacted into law at the earliest possible date so that the people of the districts affected thereby can be assured, prior to May 6, 1963, that the policies adopted hereby can be put into effect. PASSED AN D ADOPTED by the Board of Supervisors of the Santa Clara County Flood Control and \Nater Conservation District this 4th day of March, 1963, by the following vote: AYES: Supervisors T ,pv;n Ddla Maggiore Spangler M ehrkens Sanchez NOES: Supervisors None ABSENT: Supervisors None Chairman of the Board of Supervisors of the Santa Clara County Flood Control and "I,'vater Conservation District ATTEST: JEAN PULLAN I Clerk of said Board of Supervisors cJ2~" ~ t2<~ ...&./ - 6