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Resolution 2000-01 . . RESOLUTION NO. 2000-01 A RESOLUTION OF INTENTION TO ANNEX TERRITORY TO MAINTENANCE DISTRICT NO.1 OF THE CITY OF GILROY Annexation No.3 RESOLVED by the City Council (the "Council") of the City of Gilroy (the "City"), County of Santa Oara, State of California, that: WHEREAS, this Council has conducted proceedings to establish Maintenance District No.1 (the "District") pursuant to the Gilroy Maintenance District Act, Article IV of Chapter 12A of the Act of the Oty of Gilroy (the" Act'); and WHEREAS, under the Act, this Council, as the legislative body for the District, is empowered with the authority to annex territory to the District, and now desires to undertake proceedings to annex territory to the District. NOW, THEREFORE, IT IS HEREBY ORDERED as follows: 1. This Council hereby finds and determines that public convenience and necessity require that territory be added to the District. 2. The name of the existing District is Oty of Gilroy Maintenance District No.1. and the subject of the proceedings of this Council under this Resolution of Intention shall be designated "Maintenance District No.1, Annexation No.3" ("Annexation No.3"). 3. The territory now proposed to be annexed to the District is as shown on the assessment diagram for Annexation No. 3 on file with the Clerk, the boundaries of which territory are hereby preliminarily approved and to which map reference is hereby made for further particulars and which shall govern for all details as to the extent of the territory to be annexed. 4. The types of maintenance to be financed within the territory of Annexation No.3 by the District and pursuant to the Act consist of generally of the following and include extra personnel and equipment required to provide extra traffic control and safety measures required by hillside conditions within the territory of Annexation No.3: a. sanitary sewer system maintenance including removal of debris, inspections and required repairs; b. storm drain system maintenance including removal of debris and silt from catch basins, field inlets and; and RESOLUTION NO. 2000-01 -1- . . c. water system maintenance, including inspection and repairs to Zone 2 water system, including mains, hydrants laterals, meters, reservoirs, pump and booster pump facilities, related electrical and telemetry equipment, all as such maintenance shall be in excess of like maintenance required for Zone 1 water systems of the City. 5. Ruggeri-Jensen-Azar & Associates, the "Engineer of Work" has prepared and filed with the City Oerk a report (the "Engineer's Report") pursuant to the Act and containing, among other things, an estimate of the costs of maintenance, an apportionment of the costs of maintenance and the method of such apportionment within the territory of Annexation No.3 and an assessment diagram for Annexation No.3. This Council with the aid of City staff has reviewed the Engineer's Report, and hereby finds it to be sufficient for, and that it shall stand for purposes of subsequent proceedings for the Annexation No.3 and the Engineer's Report is hereby preliminarily approved. 6. Pursuant to the Act, this Council hereby orders that a public hearing shall be held before this Council, in the regular meeting place thereof, City Council Chambers, Oty Hall, 7351 Rosanna Street, Gilroy, California on February 22, 2000, at the hour of 7:00 o'clock p.m. for the purposes of this Council's determination whether the public interest, convenience and necessity require the annexation of the territory in Annexation No.3, whether the properties in the territory of Annexation No. 3 are specially benefited by the maintenance, the tabulation of special assessment ballots and the determination of the existence of any majority protest and this Council's final action upon the Engineer's Report and the assessments therein. The public hearing may be continued from time to time as determined by the Council. 7. The Oty Oerk is hereby authorized and directed to cause notice of the hearing ordered under Section 4 hereof to be given by mailing, postage prepaid, in the United States mail, and such notice shall be deemed to have been given when so deposited in such mail. The envelope or cover of the mailing shall include the name of the Oty and the return address of the Oty Clerk as the sender. The mailed notice shall be given to all property owners within the territory of Annexation No.3 as shown in the Engineer's Report by such mailing by name to those persons whose names and addresses appear on the last equalized assessment roll of the County of Santa Oara or the State Board of Equalization assessment roll, as the case may be. The amount of the proposed assessment for each parcel shall be calculated and the record owner of each parcel shall be given written notice by mail of the proposed assessment, the total amount thereof chargeable to the entire territory of Annexation No.3, the amount chargeable to the owner's particular parcel, the anticipated duration of payments for the assessment, the reason for such assessment and the basis upon which the amount of the proposed assessment was calculated. Each such mailed notice to owners shall contain a ballot which includes the City's address for receipt of completed ballots showing the owner's name, identification of the parcel and support or opposition to the proposed assessment. Each notice shall include, in a conspicuous place, a summary of the procedures applicable to the completion, return and tabulation of ballots, including a disclosure that the existence of a majority protest (whereby ballots submitted in opposition exceed those submitted in favor of the assessment, with ballots weighed according to proportional financial obligation of the affected property) will result in the assessment not being imposed. The notice herein provided shall be mailed not less than forty-five (45) days before the date of the public hearing ordered herein. The City Oerk shall maintain a separate and secure file for the safekeeping of the assessment ballots as they are RESOLUTION NO. 2000-01 -2- . . received and pending tabulation. Ballots shall be received up to the time of the closing of the public hearing. 8. The City Clerk shall also give notice by causing to be published a notice of the hearing once a week for two successive weeks in a newspaper of general circulation within the City of Gilroy and by causing to be posted a notice of hearing on or near the Council Chambers or on a bulletin board in or adjacent to City Hall and in three (3) public places within Annexation No.3, which publication and posting shall be completed not less than ten (10) days before the public hearing. 9. The firm of Ruggeri-Jensen-Azar & Associates, Milpitas, California, is hereby appointed as Engineer of Work for Annexation No.3 and shall supply all required reports, assessments, diagrams and other materials required for the proceedings for Annexation No.3. The firm of Jones Hall, A Professional Law Corporation, San Francisco, California, is hereby appointed as special counsel to the City to prepare all resolutions, notices, instructions and other legal documents required for the proceedings for Annexation No.3. The Oty Administrator and/or City Attorney are hereby authorized and directed to enter into appropriate agreements with such firms for their services. ************ 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 3,d day of January, 2000, by the following vote of the members thereof: AYES: COUNCILMEMBERS: G. ARELLANO, MORALES, PINHEIRO SUDOL, VELASCO, SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: P. ARELLANO APPROVED: -?J;~ ATTEST: ~~, 'y{ Rhonda P~llin, Oty Clerk RESOLUTION NO. 2000-01 -3- . . I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2000-01 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 3rd day of January, 2000, 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 4th day of January, 2000. ~ (Seal)