Resolution 1991-20
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RESOLUTION NO.
91 - 20
RESOLUTION OVERRULING PROTESTS AND APPROVING,
CONFIRMING AND ADOPTING ENGINEER'S REPORT FOR THE
FISCAL YEAR 1991-92
MAINTENANCE DISTRICT NO. 1
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 l2A- 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, after proceedings to that end duly held, this
Council did on the 1st day of April, 1991, adopt its 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";
WHEREAS, pursuant to said Resolutions and said Act, the
Director of Public Works of said City has caused to be prepared a
budget for the costs and expenses of maintaining and operating
within said District the local public improvements more
particularly described in Exhibit A attached hereto and by
reference incorporated herein, for the fiscal year 1991-92,
inCluding (a) the gross amount required for the costs and
expenses of maintaining and operating 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 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 net
balance of the amount necessary to pay said costs and expenses;
WHEREAS, pursuant to said Resolutions and said Act, the
Director of Public Works of said city has further caused to be
prepared and filed with the City Clerk, a report, in writing for
RESOLUTION NO. 91 - 20
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the fiscal year 1991-92 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 said District, which
said report sets forth the budget, the formula for the annual
assessment levy, a description of each lot or parcel of property
in said 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
1991-92 against each lot or parcel of property in accordance with
said formula and such other information as will be necessary or
useful in applying the formula;
WHEREAS, this Council duly considered said report and did
approve each and every part thereof, and found that each and
every part thereof was sufficient and that neither said report
nor any part thereof required modification and ordered that said
report shall be open to public inspection;
WHEREAS, pursuant to said Resolution No. 91-12 and the
provisions of said Act, notice of hearing any and all protests in
relation to said report and any of the matters contained therein
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 appears from the certificates
and affidavits thereof on file in the office of the city Clerk,
whereupon the hearing on said report was duly and regularly held
at the time and place advertised in said notice and in said
Resolution No. 91-12;
WH~REAS, written protests were filed with the City clerk of
said city at or before the time set for hearing, or prior to the
close of said hearing, 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 maintenance district subject to benefit
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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 any
part or all of said report or against the payment of said costs
and expenses of maintenance and operation as therein set forth.
2. That any and all protests of any kind, written or oral,
in relation to any of said matters be, and they are hereby
overruled.
3. That said report and each and every part thereof
contained all the matters and things called for by said
Resolution No. 91-12 and said Act, including the budget, the
formula for the annual assessment levy, a description of each lot
or parcel of property by a legal description, Assessor's Parcel
Number or other description sufficient to identify the same, the
amount of the assessment to be levied against each lot or parcel
of land in accordance with the formula and such other information
as will be necessary or useful in applying the formula adopted by
said Council.
4. That said Engineer's Report be, and the same is hereby,
approved, confirmed and adopted by this Council.
5. That said special benefit assessments shall be levied
and collected annually upon the last equalized secured and
utility tax rolls upon which property taxes are collected. They
shall be in addition to all other property taxes levied, and
shall be collected together with, and not separate therefrom, and
enforced in the same manner and by the same persons and at the
same time and with the same penalties and interest as are said
property taxes. All laws applicable to the collection and
enforcement of said property taxes shall be applicable to said
special benefit assessment levy, and the assessed lot or parcel
of property, if sold for taxes, shall be subject to redemption in
the same manner as such real property is redeemed from the sale
for property taxes, and if not redeemed, shall in like manner
pass to the purchaser.
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6. That said report together with the certificate of the
City Clerk as to the fact and date of approval, confirmation and
adoption by this Council, shall forthwith be delivered to the
County Auditor of the County of Santa Clara who shall thereafter
deliver said report to the officer of the County of Santa Clara
designated by law to extend property taxes upon the tax roll, and
the proper County officer shall cause to be posted to the tax
rolls, in a column provided therefor, the amount of each of the
special benefit assessments proposed to be levied and collected
for said fiscal year as set forth in said report as confirmed.
7. That the City Clerk shall forward a certified copy of
this Resolution to the Director of Public Works of said City and
County Auditor of the County of Santa Clara and to the officer
designated by law to extend ad valorem 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 favor, thereof, Councilmembers: GAGE, HALE,
KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN.
NOES, Councilmembers: None
ABSENT, Councilmembers: None
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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 A