Resolution 1987-38
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RESOLUTION NO. 87-38
A RESOLUTION OF INTENTION TO FORM
CITY OF GILROY MAINTENANCE DISTRICT NO. 1
AND TO ORDER THAT THE ALTERNATIVE METHOD
FOR THE LEVY OF BENEFIT ASSESSMENTS BE MADE
APPLICABLE THERETO
RESOLVED, by the City Council of the City of Gilroy, California
as follows:
1. This Council hereby determines that the costs and expenses
of maintaining and operating the local public improvements hereinafter
described have not been adequately financed and provided for and hereby
further declares that it intends to undertake proceedings pursuant to
the provisions of the City of Gilroy Maintenance District Act, Article
IV of chapter l2A of the Code of the City of Gilroy for the formation
of a maintenance district to provide therefor and for the use of the
alternative method by which annual benefit assessment levies for the
payment of said costs and expenses will be apportioned according to
benefits among the several lots or parcels of property within such
district as provided in said Act.
2. In the opinion of this Council the public interest and
convenience require, and it is the intention of said Council to order
the formation of a maintenance district in said City, to be designated
"City of Gilroy Maintenance District No.1", (herein the "District")
by which name it shall be referred to in all subsequent proceedings,
including proceedings for the levy and collection of benefit assessments.
Said District and its boundaries are shown on a map on file in the
office of the City Clerk entitled "Proposed Boundaries of City of
Gilroy Maintenance District No~ 1", and are more particularly described
as all of the area within the corporate limits of the City of Gilroy.
Said map indicates by a boundary line the extent of the territory to
be included in the proposed District and shall govern for all details as
to the extent of the territory to be included in the proposed District
and shall govern for all details as to the extent thereof.
RESOLUTION NO. 87-38
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3. The public interest, convenience and necessity require, and
this Council intends to order that the costs and expenses of maintaining
and operating the local public improvements hereinafter described,
including the cost of necessary repairs, replacements, fuel, power,
electrical current, care, supervision and any and all other items
necessary for the proper maintenance and operation thereof, shall be
assessed either partly or wholly upon the lots and parcels of property
within said District herein described which District said Council hereby
preliminarily determines will be benefited by the maintenance and
operation of the local public improvements proposed to be maintained;
the amounts so assessed are to be collected in the same manner and by
the same officers as taxes for City purposes are collected.
4. A statement of the formula or formulae upon and by which
annual assessment levies for the payment of said costs and expenses will
be apportioned according to benefits among the several lots or parcels
of property within the District to be established therefor is more
particularly set forth in Exhibit "A" hereto attached and by reference
incorporated herein.
5. The local public improvements proposed to be maintained and
operated are more particularly described in Exhibit "B" hereto attached
and by reference incorporated herein.
6. The costs and expenses of maintaining and operating said
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local public improvements shall be financed from funds raised by the
levy of annual benefit assessments chargeable against the lots or
parcels of property within the boundaries of the District and the
Director of Public works of this City is hereby directed to cause to
be prepared annually a budget for the costs and expenses of maintaining
and operating any or all of said improvements during the ensuing fiscal
year.
7. Pursuant to the provisions of said Act, the Director of
Public Works of said City has caused to be prepared a budget for the
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costs and expenses of maintaining and operating said local public
improvements for the fiscal year 1987-1988 including:
a) The gross amount required for the costs and expenses of
maintaining and operating any or all of said improvements;
b) The surplus balance available at the end of the preceding
fiscal year for such purpose;
c) The amount, if any, to be contributed from any source to
pay any part of said costs and expenses;
d) The amount, if any, to be repaid to the County for funds
advanced by it to pay deficiencies which occurred in prior
years; and
e) The balances of the amount necessary to pay said costs and
expenses
8. Pursuant to the provisions of said Act, the Director of
Public Works of said City has also caused to be prepared and filed
with the City Clerk of said City a report, in writing for the fiscal
year 1987-1988, which provides the basis for the levy of benefit
assessments for said costs of maintenance and operation on all lots
or parcels of property within the District. Said report sets forth
the budget, the formula or formulae for the annual assessment levy,
a description of each lot or parcel of property in the maintenance
district, by a legal description, assessor's parcel number of other
description sufficient to identify the same, the amount of assessment
to be levied for the fiscal year 1987-1988 against each lot or parcel
of property and such other information as will be necessary or useful
in applying the formula or formulae.
9. This Council has duly considered said report and hereby
approves each and every part thereof, and finds that each and every
part thereof is sufficient and that neither said report nor any part
thereof requires modification which said report shall be open to
public inspection.
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10. This Council declares that all public streets and highways,
within said District in use or to be used in the performance of a public
function, and all lands owned by the United states or the State of
California, or any departments thereof, shall be omitted from the annual
benefit assessments hereafter to be made to cover the costs and expenses
of maintenance and operation.
11. Monday, the 6th day of July, 1987, at the hour of 8:00 o'clock
p.m., in the regular meeting place of said Council, Council Chambers,
7351 Rosanna Street, Gilroy, California, be, and the same are hereby
appointed and fixed as the time and place when and where the Council
will consider and finally determine whether the public interest,
convenience and necessity require the formation of the District~ when
and where it will consider the fairness of the formula or formulae
upon and by which annual assessment levies for the payment of said
costs and expenses will be apportioned according to benefits among the
several lots or parcels of property within said District; when and
where it will hear any and all protests in relation to said report and
to the amount of the assessment on any property; and when and where it
will consider and finally act upon any protests and objections thereto.
Any interested owner may file written protests against and make oral
objection to the formation of said District, the extent thereof, the
method for the levy of benefit assessments, the formula or formulae,
the amount of the assessment against his property, or other matters
herein specified.
12. The City Clerk of this City, be, and she is hereby,
authorized and directed to give notice of the hearing by causing a
notice of the same to be published twice in the Gilroy-Morgan Hill
Dispatch, a newspaper of general circulation published in the City,
and by causing to be conspicuously posted a notice thereof entitled
"Notice Of Hearing On Proposed Formation of City of Gilroy Maintenance
District No.1" in letters of not less than one inch in height on or
near the door of the Council Chambers or on a bulletin board in or
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adjacent to the City Hall and in three (3) public places within the
territory proposed to be formed into a maintenance district; said
posting and first publication to be completed at least ten (10)
days before the date herein set for hearing.
13. The City Clerk of this City, be, and she is hereby, further
authorized and directed to give notice of the hearing by causing
to bemailedacopyofsaidnoticeofhearing.postageprepaid.to
all persons owning real property to be assessed whose names and
addresses appear on the last equalized assessment roll, or as known to
said Clerk; said mailing to be completed at least fifteen (15) days
prior to the hearing date.
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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 meeting thereof held on the 1st day of June, 1987,
by the following vote of the members thereof:
AYES, and in favor thereof, Councilmembers: ALBERT, GAGE, KLOECKER,
MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN.
NOES, Councilmembers: None
ABSENT, Councilmembers: None
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EXHIBIT "A"
FORMULA FOR APPORTIONMENT OF ANNUAL BENEFIT ASSESSMENT
The amounts to be assessed against the parcels of property to
pay the costs and expenses of the work and improvement shall
be based on the estimated benefits to be derived by the various
properties within the assessment district.
Costs shall be spread on the basis of units of benefit. One
unit of benefit is defined as the amount of benefit equivalent
to that received by one signle-family residential parcel.
Parcels owned by public entities shall be assigned zero benefit
units.
Parcels or portions of parcels identified as having constraints
of size, shape or terrain which render them unbuildable under
current city zoning ordinances shall be assigned zero benefit
units.
Parcels identified as being undeveloped (vacant or in single-
family use only and not fronting on standard City street im-
provements) shall be assessed 1.0 benefit unit.
All other parcels shall be assigned benefit units according to
their current zoning as follows:
Parcel Zone Designation Benefit Unit per Parcel
Rl, RH, AI, OS 1.0
R2 4.0 per acre, 1.0 minimum
R3 (Condominium) 0.6
R3 (Other) 8.0 per acre, 1.0 minimum
R4 16.0 per acre, 1.0 minimum
Ml, M2 4.0 per acre, 1.0 minimum
C2 12.0 per acre, 1.5 minimum
Cl, C3, CM, PO, HC, PF 8.0 per acre, 1.0 minimum
All benefit units shall be rounded to the nearest one-tenth of
a unit.
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Exhibit "B"
DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED
The construction or installation, including the maintenance or
servicing, or both, thereof, of landscaping, including trees, shrubs,
grass or other ornamental vegetation, drainage, statuary, fountains
and other ornamental structures and facilities, public lighting
traffic and signal facilities for the lighting of any public places
and traffic control, including ornamental standards, luminaires, poles,
supports, tunnels, manholes, vaults, conduits, pipes, wires,
conductors, guys, stubs, platforms, braces, transformers, insulators,
contacts, switches, capacitors, meters, communication circuits,
appliances, attachments and appurtenances, and street sweeping,
including the cost of repair, removal or replacement of all or any part
thereof, providing for the life, growth, health and beauty of landscaping,
including cultivation, irrigation, trimming, spraying, fertilizing
or treating for disease or injury, the removal of trimmings, rubbish,
debris and other solid waste, electric current or energy, gas or
other illuminating agent for any public lighting facilities or for
the lighting or operation of any other improvements, water for the
irrigation of any landscaping, the operation of any fountains, or
the maintenance of any other improvements.
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 87 - 38 is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the
which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
1st
day of June, 19 87 , at
Official Seal of the City of Gilroy this 2nd day of
19 87.
June,
(Seal)