Resolution 1995-33
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RESOLUTION NO. 95-33
RESOLUTION OF INTENTION TO ADOPT ENGINEER'S
REPORT FOR THE FISCAL YEAR 1995-96 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, City 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; and
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 1995-1996 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,
source to
expenses;
if any, to be contributed from any
pay any part of the costs and
(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; and
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 1995-1996, 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 95-33
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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 I s
report for the fiscal year 1995-96 and levy and collect annual
benefit assessments within Maintenance District No.1, city of
Gilroy.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council
hereby finds the following:
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 each and every part thereof.
2 . The engineer's report shall be open to publ ic
inspection at the office of the City Clerk.
3. This City council shall hold a public hearing at
7:00 p.m. on June 5, 1995, at the chambers of the city council,
7351 Rosanna Street, Gilroy, california 95020, at which hearing the
Council shall consider the engineer's report a final time, and, if
any changes are proposed in the initial formula, shall 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 interested owner may file with the City Clerk
written protests at or before the time of said hearing, and make
oral objections at said hearing to the amount of the assessment
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against his or her property and to any changes in the formula.
3. This Council confirms that the city Clerk has been
directed to give notice of said hearing in the form as 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 pub-
lished once in a newspaper of general circulation in the city;
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. Said publication and posting
is to be completed not less than ten days before the date of the
hearing.
PASSED AND ADOPTED this 15th day of May, 1995 by the
following vote:
AYES:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROGERS, ROWLISON, VALDEZ, GAGE
NOES:
COUNCILMEMBERS:
NONE.
ABSENT:
COUNCILMEMBERS:
NONE.
ATTEST:
APPROVED:
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\077\ 189668.1
52-0509INHSEOOO
RESOLUTION 95-33
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 95-33 is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 15th day of
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Mav
, 19...22.....,
Official Seal of the City of Gilroy this 16th day of
Mav
,1995.
City Clerk of the City of Gilro
(Seal)