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Resolution 1987-38 ~ ~ ~ . . 0001-20 PDA:mr 5/20/87 7c 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 . . 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 - 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 _2_ . . 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. -3- . . 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 -4- . . 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. * * * * * * 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 oy !h -5- . . 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. ,,' . . . " '" 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. "': ' . ... . . ., 1 . " 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)