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Resolution 1996-63 '!. '!-- .~ . . ~ RESOLUTION NO. 96-63 RESOLUTION INITIATING PROCEEDINGS FOR THE ANNEXATION OF TERRITORY TO MAINTENANCE DISTRICT NO. 2 ANNEXATION NO. 2 TO MAINTENANCE DISTRICT NO.2 CITY OF GILROY, SANTA CLARA COUNTY, CALIFORNIA (pursuant to the Landscaping and Lighting Act of 1972) The City Council of the City of Gilroy, California resolves: 1. The City Council proposes to annex that certain area more particularly described herein to Maintenance District No.2 of the City of Gilroy, California, pursuant to the Landscaping and Lighting Act of 1972 (Section 22500 and following, Streets and Highways Code) for the purpose of maintaining any or all of the following improvements within said areas: All assessment district costs related to the maintenance, operation, repair and replacement of the following items within said subdivisions: a) AIl costs related to the maintenance, operation, repair and replacement of the following items within Annexation No.2. The operation and maintenance of the soundwall and associated public landscaping improvements and open space along the project frontage of Thomas Road and the future unnamed streets shown on the assessment diagram contained in Part F herein; the pedestrian pathway, public lighting facilities, landscaping improvements, signage, fencing and channel maintenance in and along the project frontage of the north side of Babbs Creek and the south side of Uvas Creek. Maintenance means the furnishing of personnel services, equipment and materials for the ordinary and usual maintenance operation and servicing of the project's specific improvements, including repair, removal or replacement of all or any part of the landscaping; providing for the life growth, health and beauty thereof, including cultivation, irrigation, trimming, spraying, fertilizing, and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste. Servicing means the furnishing of electrical energy and water for irrigation of the landscaping and the maintenance of any of the appurtenant facilities. b) AIl legal and administrative expenses required for the General District administration expenses for Maintenance District No.2 and for Annexation No.2. General District administration expense for Annexation No.2 shall be based on direct expenses for Annexation No.2 in relation to Total District Expenses. c) Any and all incidental expenses in connection with any of the above, all as more particularly authorized pursuant to the Landscaping and Lighting Act of 1972. RESOLUTION NO. 96 - 63 OR~GINAl .... ~..- .. . . f 2. The proposed annexation shall be designated Annexation No.2 to Maintenance District No.2, City of Gilroy, County of Santa Clara, State of California, and shall include the land shown on the map designated "Assessment Diagram, Annexation No. 2 to Maintenance District No.2, City of Gilroy, County of Santa Clara, State of California" which map is on file with the City Clerk and is hereby approved. 3. Ruggeri-Jensen and Associates, Milpitas, California, is hereby designated engineer for the purpose of these annexation proceedings. The City Council hereby directs the engineer to prepare and file with the City Clerk a report in accordance with Article 4 of Chapter 1 of the Landscaping and Lighting Act of 1972. * * * I hereby certify that the foregoing resolution was duly and regularly adopted and passed by the City Council of the City of Gilroy, California, at a regular meeting thereof held on the 28th day of October, 1996, by the following vote of the members thereof: AYES, and in favor, thereof Council members: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ and GAGE. NOES, Council members: None ABSENT, Councilmembers: None ~ City Clerk of the City 0 APPROVED RESOLUTION NO. 96 - 96 2