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Resolution 1996-20 . . ..... RESOLUTION NO. 96-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY, CALIFORNIA, DECLARING ITS INTENTION TO LEVY ANNuAL ASSESSMENTS FOR MAINTENANCE DISTRICT NO.1, FISCAL YEAR 1996/1997. The City Council of the City of Gilroy, California does resolve as follows: WHEREAS, The City Council of the City of Gilroy, California, has, by previous Resolutions, formed the Maintenance District No. 1 (hereafter referred to as the "District") and the annexation of terri tory to the District, and initiated proceedings for Fiscal Maintenance District Act, Article IV of Chapter 12A of the Code of Year 1996/97 pursuant to the provisions of the City of Gilroy the City of Gilroy (hereafter referred to as the "Code") that provides for the levy and collection of assessments by the County of Santa Clara for the City of Gilroy to pay the maintenance and services of all improvements and facilities related thereto. WHEREAS, the City Council has retained MuniFinancial, Inc. for Code. Director of Public Works with the City Clerk in accordance with the to assist in preparing and filing a report on behalf of the the purpose of assisting with the Annual Levy of the District, and CITY COUNCIL OF THE CITY OF GILROY, CALIFORNIA, FOR MAINTENANCE NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE DISTRICT NO.1, PURSUANT TO DIVISION 3, SECTION 12A.200 OF THE CODE, AS FOLLOWS: it is its intention to seek the Annual Levy of the District Section 1. Intention: The City Council hereby declares that land to pay the annual costs of the improvements. District boundary, and to levy and collect assessments on all such pursuant to the Code, over and including the land within the Changes Proposed: The improvements within the District include: Section 2. Description of Improvements and Any Substantial unique services that may be due to the higher elevations, steep IALF\30646601 61-042504700002 -1- RESOLUTION NO. 96-20 . . ~ terrain, and narrow streets within the District boundaries, and are beyond those normally required in a flat land development. The improvements include the operation, maintenance and services for special hillside maintenance of the streets, the sewer systems, the water systems and the storm drain systems, and all appurtenant facilities related thereto. Sewer mains, street cleaning, storm drain systems and the hillside water systems require special services in hillside developments, with narrow streets and limited sight distance on curves requiring additional effort. Unimproved roadsides may necessitate weed mowing, and additional street cleaning due to sediment build-up from slope erosion. The retaining walls necessary for hillside developments require periodic maintenance and repair. The Annual Levy Report, as ordered by previous resolution, provides a full and complete description of all improvements and any or all substantial changes to the improvements within the District. Section 3. Boundaries and Designation: The District consists of all parcels in Tract No. 8136 known as "Gilroy Country Club Estates"; Tract No. 8631 known as "The Forest", annexed into the District by Resolution 95-34 in April 1995; and Tract 8711 known as "Carriage Hills" annexed into the District in October 1995, by Resolution 95-85. The District structure will consist of three (3) Benefit Zones: Gilroy Country Club Estates (Zone A); the Forest (Zone B); and Carriage Hills (Zone C). The District is designated as "Maintenance District No.1." Section 4. Proposed Assessment Amounts. For Fiscal Year 1996/97, the proposed assessments for Zone A will not increase over the previous Fiscal Year. Parcels within Zones Band C, which are new developments were annexed into the District in 1995 and will be assessed for the first time in Fiscal Year 1996/97. The assessment formula for Zones Band C is: Total Balance to Levy divided by the Total number of subdivided parcels equals the levy amount per parcel. The Annual Levy Report details the assessments. The IALFI306466.01 61-042504700002 -2- RESOLUTION NO. 96-20 . . Annual Levy Report is hereby approved on a preliminary basis and ordered to be filed in the office of the City Clerk to remain open for public inspection. Section 5. Public Hearing(s): The City Council hereby declares its intention to conduct public hearing(s) annually concerning the levy of assessments for the District in accordance with Division 3, Section 12A.206 of the Code. For those properties receiving a new or increased assessments from the prior Fiscal Year, an additional public meeting will be held. Section 6. Notices: The City Clerk shall give notice of the time and place of the Public Hearing by causing the pUblishing of this Resolution in the Local Newspaper not less than ten (10) days before the date of the hearing, and by posting a copy of this resolution on the official bulletin board customarily used by the City Council for the posting of notices. Pursuant to Division 3, Section 12A.207 of the Code, notice of public meeting and public hearing required by Section 54954.6 of the Government Code shall be mailed as provided in subdivision (c) of that section. Section 7. Time of Public Hearing: Notices is hereby given that a Public Meeting and a Public Hearing on these matters will be held by the City Council on Monday May 20, 1996 at 7:00 p.m. (Public Meeting) and Monday June 24, 1996 at 7:00 p.m. (Public Meeting), or as soon thereafter as feasible in the City Council Chambers, City Hall, located at 7351 Rosanna Street, Gilroy, California. IALFI306466.01 61-042504706002 -3- RESOLUTION NO. 96-20 . . PASSED AND ADOPTED this 22nd day of APril, 1996 by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ, GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ATTEST: ~~~etz, IALF\306466.01 61-042504700002 -4- RESOLUTION NO. 96-20 . . I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 96-20 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the ~ day of April , 19~, 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 26th day of April ,1996. ~ ~tt. .- ~rk of the City of Gilro (Seal)