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Resolution 1993-28 \ . . ~'--'" .... 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 -1- - r, . . . 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 -2- - . . " 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 -3- . , . ... . . .' - , 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 , 19~, "" "",~dft (Seal)