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Resolution 1996-22 o . . RESOLUTION NO. 96-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY, CALIFORNIA DECLARING ITS INTENTION TO LEVY ANNUAL ASSESSMENTS FOR THE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 2 CITY OF GILROY, COUNTY OF SANTA CLARA, CALIFIORNIA, 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 Landscape And Lighting Maintenance District No. 2 City of Gilroy, County of Santa Clara, California (hereafter referred to as the "District"), and initiated proceedings for Fiscal Year 1996/97 pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the "Act") 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 street lighting, landscaping, and all appurtenant facilities and operations related thereto. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF GILROY, CALIFORNIA, FOR LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 2 CITY OF GILROY, COUNTY OF SANTA CLARA, CALIFORNIA, PURSUANT TO CHAPTER 3, SECTION 22624 OF THE ACT, AS FOLLOWS: Section 1. Intention: The City Council hereby declares that it is its intention to seek the Annual Levy of the District pursuant to the Act, over and including the land within the District boundary; and to levy and collect assessments on all such land to pay the costs of the following: operation, maintenance and services for street lighting, landscaping, and all appurtenant facilities and operations related thereto. Section 2. Description of Improvements and any Substantial Changes Proposed: The improvements wi thin the District include: IALF\306520.01 61-042504706002 -1- RESOLUTION NO. 96-22 . . the maintenance and operation of and the furnishing of services and materials for the soundwall and associated public landscaping improvements along the project frontage on Thomas Road, the soundwall and associated landscaping improvements along Santa Teresa Boulevard and the pedestrian pathway, public lighting facilities, landscaping improvements, signage, fencing and channel maintenance in and along Babbs Creek. 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 boundaries of the District are described as the boundaries previously defined in the formation documents of the original districts, generally, Santa Teresa Boulevard to the south, Thomas Road to the East, and Babbs Creek Park to the North, within the County of Santa Clara, State of California. The existing District does not contain any zones. The District is designated as "Landscape and Lighting Maintenance District No. 2 City of Gilroy, County of Santa Clara, California." Section 4. Proposed Assessment Amounts: The Fiscal Year 1996/97 assessment is the first assessment for the District. The Annual Levy Report details the assessments. The 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 Chapter 3, Section 22626 of the Act. For those properties receiving a new or increased assessment from the prior Fiscal Year, an additional public meeting will be held. Section 6. Notice: 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 IALF\30652001 61-042604700002 -2- RESOLUTION NO. 96-22 . . . before the date of the hearing, and by posting a copy of this Resolution on the official bulletin board customarily used by the Ci ty Council for the posting of notices. Pursuant to Chapter 3, Section 22626 (b) of the Act, notice of public meeting and public hearing required by Section 54954.6 of the Government Act shall be mailed as provided in subdivision (c) of that section. Section 7. Time of Public Hearing: Notice 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 Hearing), or as soon thereafter as feasible in the City Council Chambers, City Hall, located at 7351 Rosanna Street, Gilroy, California. 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: COUNCI LMEMBERS : None APPROVED: M{RJ#rLJ usanne E. Steinmetz, IALF\306520.01 61-042604700002 -3- RESOLUTION NO. 96-22 . . . . I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 96-22 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 22nd 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. d~t . City Clerk of the City of Gilroy (Seal)