Resolution 1991-12
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RESOLUTION NO. 91 - 12
RESOLUTION OF INTENTION TO FORM
MAINTENANCE DISTRICT NO. 1 AND TO ORDER THAT THE
ALTERNATIVE METHOD FOR THE LEVY OF BENEFIT
ASSESSMENTS BE MADE APPLICABLE
The City Council of the City of Gilroy resolves:
1. This City Council determines that the costs and expenses
of maintaining and operating the local public improvements listed
in Exhibit B have not been adequately financed and provided for
and further declares that it intends to undertake proceedings
pursuant to the provisions of the City of Gilroy Maintenance
District Act, Article IV of Chapter 12A of the Code of the City
of Gilroy for the formation of a maintenance district to provide
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 City to
order, the formation of a maintenance district to be designated
"Maintenance District No.1, City of Gilroy," (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 Maintenance District No.
1, City of Gilroy", and are more particularly described as all of
the area within the Gilroy Country Club Estates Subdivision
recorded September 16, 1989, in Book 605 of Maps at pages 8
through 16, inclusive, Santa Clara County Records, to which
reference is made for further particulars. 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 thed
extent of the territory to be included in the proposed District
and shall govern for all details as to the extent thereof.
RESOLUTION NO. 91 - 12
ORIGINAL
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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, 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 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 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 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 costs and expenses of maintaining said local public
improvements for the fiscal year 1991-1992 including:
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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 City 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 the City of Gilroy has also caused to be prepared
and filed with the City Clerk of said city a report, in writing
for the fiscal year 1991-1992, 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 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 or other description sufficient to identify the
same, the amount of assessment to be levied for the fiscal year
1991-1992 against each lot or parcel of property and such other
information as will be necessary or useful in applying the
formula.
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.
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.
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11. Monday, April 1, 1991, at 7:00 p.m., in the regular
meeting place of the City Council, 7351 Rosanna street, Gilroy,
California, is 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; consider the fairness of the formula 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; hear
any and all protests in relation to said report and to the amount
of the assessment on any property; and consider and finally act
upon any protests and objections. 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, the amount of the assessment
against his property, or other matters herein specified.
12. The City Clerk of the City of Gilroy, is authorized and
directed to give notice of the hearing by causing a notice of the
same to be published twice in the Gilroy-Morqan 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 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
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 the city of Gilroy is further
authorized and directed to give notice of hearing by causing to
be mailed a copy of said notice of hearing, postage prepaid, 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 City Clerk; said mailing to be completed at least
fifteen (15) days prior to the hearing date.
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FORMULA
The amounts to be assessed against the parcels of property
to pay the costs and expenses of the work shall be based
on the estimated benefits to be derived by the various
properties within the assessment district.
Costs shall be spread
One unit of benefit
equivalent to that
residential parcel.
on the basis of units of benefit.
is defined as the amount of benefit
received by one single-family
Parcels owned by public entities shall be assigned zero
benefit units.
EXHIBIT A
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DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED
Additional costs will be incurred by the City within the Gilroy
Country Club Estates subdivision recorded September 6, 1989 in Book
605 of Maps at pages 8 through 16, inclusive, Santa Clara County
Records, for unique and additional maintenance work beyond the
normal maintenance of a flat land subdivision as more particularly
hereafter described. Increased maintenance costs will result from
additional public facilities and additional work for reasons such
as narrower streets and steeper terrain. Typical maintenance items
include, but are not limited to, sewer main flushing, mowing, slope
repair, storm detention pond silt removal and maintenance, street
cleaning, drainage structure cleaning and inspection of the above
facilities. Work also includes maintenance, monitoring, testing
and electrical energy costs for operation of zone II and III water
system equipment.
More specifically, the additional maintenance consists of the
following:
SEWER SYSTEM
Sewer mains require routine flushing in both types of subdivisions,
however, in the hillside subdivision, narrow streets and limited
sight distance on curves require the use of additional personnel to
provide traffic control.
STREET SYSTEM
Unimproved roadsides necessitate weed mowing, as required;
additional street cleaning due to erosion; and all maintenance and
repair of retaining walls.
STORM DRAIN SYSTEM
Remove silt build-up from detention pond, as required; clean and
maintain catch basins, field inlets, drain inlets, headwalls, and
energy dissipaters, as required; additional storm inspection time
due to remoteness of facilities; and the maintenance of public
storm drain easements.
WATER SYSTEM
Check-up and servicing of the chlorinators and the site facilities,
as required; service booster pumps as required; telemetry service
by the factory maintenance personnel, as required; landscape
maintenance and weed control within the pump sites and reservoirs;
pump house and reservoir maintenance; and electrical services to
maintain electrical facilities and repair booster pumps, control
panels and telemetry.
Definition of Flat Land Subdivision Maintenance
Items of maintenance work which are included in this definition are
those which are normal to subdivisions on grades of less than five
(5) percent and within the City's base water zone. These items
include:
All street pavement maintenance and repair; all street light repair
and maintenance including energy costs; normal street sweeping for
leaves, etc. but not including sweeping due to erosion; normal
repair and maintenance of water mains, valves, and services, sewer
mains and storm drains; and traffic engineering services including
speed zoning, parking, hazard abatement, sign, legend and
longitudinal pavement marking maintenance.
EXHIBIT B
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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 4th day of
March, 1991, by the following vote of the members thereof:
AYES, and in favor, thereof, Councilmembers: GAGE, HALE, KLOECKER,
MUSSALLEM, NELSON, VALDEZ and HUGHAN.
NOES, Councilmembers: None
ABSENT, Councilmembers: None
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