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Resolution 1991-12 :. . . .. 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 . . 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: 2 . . . . 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. 3 . . 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. 4 . . 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 , . . . . 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 , l_ /1'" . . , . . . * * * 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 5