Resolution 1993-28
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RESOLUTION NO. 93- 28
RESOLUTION OF INTENTION TO ADOPT ENGINEER'S
REPORT FOR THE FISCAL YEAR 1993-94 AND LEVY
AND COLLECT ANNUAL BENEFIT ASSESSMENTS WITHIN
MAINTENANCE DISTRICT NO.1, CITY OF GILROY
WHEREAS, this city Council by its Resolution No. 91-19
and pursuant to Article IV of Chapter 12A of the Code of the City
of Gilroy, formed Maintenance District No.1, ci ty of Gilroy
(hereinafter referred to as the "District"), in order to maintain
and operate certain local public improvements to the sewer, street,
storm drain and water systems, such improvements being more
particularly described in Exhibit B to that resolution;
WHEREAS, the Director of Public Works, pursuant to
section 12A.201 of the Code of the City of Gilroy, has caused to
be prepared the annual budget for the District, which budget sets
forth the costs and expenses of maintaining the local public
improvements for the fiscal year 1993-l994 including:
(a) The gross amount required for the costs and
expenses of maintaining and operating any or
all of the 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 the 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
the costs and expenses;
WHEREAS, pursuant to section 12A.203 of the Code, the
Director of Public Works has also caused to be prepared and has
filed with the City Clerk an annual report ("engineer's report")
for the District for the fiscal year 1993-1994, which provides the
basis for the levy of benefit assessments on all lots or parcels
of property within the District.
Said report sets forth the annual
RESOLUTION NO. 93 - 28
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budget for the District, the formula for the annual assessment
levy, a legally sufficient description of each lot or parcel of
property in the District, the amount of annual assessment to be
levied against each lot or parcel of property, and other informa-
tion as necessary and useful in applying the formula; and,
WHEREAS, the city Clerk has presented said report to the
City Council; and
WHEREAS, the city Council intends to adopt the engineer's
report for the fiscal year 1993-94 and levy and collect annual
benefit assessments within Maintenance District No.1, city of
Gilroy; and
WHEREAS, the public notice required by Government Code
section 54954.6 has been duly given;
NOW, THEREFORE, BE IT RESOLVED as follows:
1. This Council has duly considered the engineer's
report and finds that each and every part thereof is sufficient and
that neither the report nor any part thereof requires modification
and therefore approves the form of each and every part thereof.
2. The engineer's report shall be open to public
inspection at the office of the City Clerk.
3. This City Council shall hold public hearings at
7:00 p.m. on June 28, 1993 and July 26, 1993 at the chambers of the
city council, 7351 Rosanna street, Gilroy, California 95020. On
June 28, 1993, the Council shall allow public testimony regarding
the annual assessment levies. On July 26, 1993, the Council shall
finally consider the engineer's report, and, if any changes are
proposed in the initial formula, 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 received among the lots and parcels in the District, hear
any and all protests in relation to the report and to the amount
of annual benefit assessment or changes to the formula, and
consider and finally act upon any protests and objections. Any
RESOLUTION NO. 93 - 28
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interested owner may file with the city Clerk written protests at
or before the time of said hearings, and make oral objections at
said hearings to the amount of the assessment against his or her
property and to any changes in the formula.
4. The city Clerk is hereby directed to give notice of
said July 28, 1993 hearing in substantially the form set forth in
section 12A.208 of the Code of the City of Gilroy and in the
following manner:
a) by causing a notice of the same to be
published in the Gilrov-Moraan Hill Discatch at least ten days
prior to the date of the hearing; b) by posting or causing to be
posted a notice of hearing on or near the door of the council
chambers or on any bulletin board in or adjacent to the city hall,
as well as in three pUblic places within the territory of the
District, such posting to be completed at least ten days before the
date of the hearing.
PASSED AND ADOPTED this 21st day of June, 1993 by the
following vote:
AYES:
COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE.
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
AP~ED:
Dona~i,&-z:
RESOLUTION NO. 93 - 28
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No, 93-28 is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the2lst
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 22nd day of June ,1993.
day of
June
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(Seal)