Resolution 1991-19
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RESOLUTION NO.
91-19
RESOLUTION OVERRULING PROTESTS, ORDERING THE FORMATION
OF MAINTENANCE DISTRICT NO. 1 AND ORDERING THAT THE
ALTERNATIVE METHOD FOR THE LEVY OF BENEFIT ASSESSMENTS
BE MADE APPLICABLE THERETO
The city Council of the City of Gilroy resolves:
WHEREAS, 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, said Council did on the 4th day of March,
1991, adopt its 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 Thereto";
WHEREAS, said Council did in said Resolution declare its
intent to order the formation of a maintenance district in said
City, the boundaries of which are shown on a map on file in the
office of the city Clerk and to order that the costs and expenses
of maintaining and operating the local public improvements more
particularly described in Exhibit B attached hereto and by
reference incorporated herein, be raised by the levy of an annual
special benefit assessment apportioned according to benefits
among the several lots or parcels of property within said
maintenance district in accordance with the formula more
particularly set forth in Exhibit A attached hereto and by
reference incorporated herein, and as set forth in said
Resolution and in accordance with and pursuant to the
provisions for the alternative method for the levy of benefit
assessments in maintenance districts in said City as provided in
said Act;
WHEREAS, pursuant to said Resolution and the provisions of
said Act, notice of hearing any and all protests in relation to
the formation of said maintenance district, the extent thereof,
the method for the levy of benefit assessments, the formula, 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, and the use of the alternative method for
RESOLUTION NO. 91 - 19
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the levy of benefit assessments was given by causing notice of
said hearing to be duly posted, published and mailed in the time,
form and manner provided by said Act, all as more particularly
appear from the certificates and affidavits thereof on file in
the office of the city Clerk of said city and whereupon the
hearing thereon was duly and regularly held at the time and place
advertised in said notice and in said Resolution;
WHEREAS, all written protests and other written
communications were publicly read at said meeting and all persons
desiring to be heard were fully heard on any of said matters; and
WHEREAS, said Council is fully informed in the matter,
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED,
as follows:
1. That the owners of more than one-half of the area of the
property in said proposed maintenance district subject to benefit
assessment to pay said costs and expenses of maintenance and
operation did not, at or prior to the time fixed for said
hearing, or during said hearing, file written protests against
the formation of said maintenance district, the extent thereof,
the method for the levy of benefit assessments, the formula, 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 or the use of the alternative method for the
levy of benefit assessments.
2. That any and all protests, both written or oral, in
relation to any of said matters be, and each of them are hereby
overruled.
3. That the territory more particularly hereinabove
described be, and it is hereby, ordered formed into a maintenance
district to be designated "Maintenance District No.1", by which
name it shall be referred to in all subsequent proceedings,
including proceedings for the levy and collection of benefit
assessments.
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4. That the costs and expenses of maintaining and operating
the local public improvements within said District and more
particularly described in said Exhibit B attached hereto have not
been adequately financed and provided for.
5. That the public interest and convenience require and
this Council hereby orders that the costs and expenses of
acquiring, constructing, reconstructing, installing, extending,
enlarging, repairing, improving, maintaining and operating said
local public improvements therein now existing or hereafter to be
constructed in and for said Maintenance District No. 1 and of
benefit to said maintenance district, including the cost of
necessary repairs, replacements, fuel, power, electric current,
care, supervision and any and all other items necessary for the
proper maintenance and operation thereof, and of all additions,
improvements and enlargements thereto which may hereafter be
made, be raised by an annual special benefit assessment in
accordance with and pursuant to the provisions for the
alternative. method for the levy of benefit assessments in
maintenance districts in said City as provided in the City of
Gilroy Maintenance District Act, Article IV of Chapter 12A of the
Code of the City of Gilroy on all lots or parcels of property
within said district.
6. That said costs and expenses of maintaining and
operating said public improvements within said maintenance
district shall annually be assessed either partly or wholly upon
the several lots and parcels of property within said maintenance
district benefited thereby by apportioning said costs and
expenses according to benefits among the several lots or parcels
of property within said maintenance district in accordance with
the formula therefor set forth in said Exhibit A attached hereto.
7. That said formula for the apportionment of benefits in
said annual assessment levies be, and it is hereby, finally
approved, confirmed and adopted by this Council for said purpose.
8. That the Director of Public Works of this City be, and
he is hereby, directed to annually cause to be prepared a budget
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for the costs and expenses of maintaining and operating any or
all of said local public improvements during the ensuing fiscal
year and said Director of Public Works be, and he is hereby,
further directed to annually cause to be prepared and filed with
the City Clerk a report, in writing, which provides the basis for
the levy of benefit assessments for said cost of maintenance and
operation on all lots or parcels of property within said District
all as provided in said Act.
9. That the City Clerk shall forward a certified copy of
this Resolution to the Director of Public Works of said City and
to the County Auditor of the County of Santa Clara and to the
officer designated by law to extend property taxes upon the tax
roll on which they are collected.
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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 regular meeting thereof held on the 1st
day of April, 1991, by the following vote of the members thereof:
AYES, and in favort thereofJ~Tcouncilmembers: GAGE, HALE,
K OECKER, MuSSALLEM, NELSON, VALDEZ and HUGHAN.
NOES, Councilmembers: None
ABSENT, Councilmembers:None
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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 on the basis of units of benefit.
One unit of benefit is defined as the amount of benefit
equivalent to that received by one single-family
residential parcel.
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