Resolution 2000-09
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RESOLUTION NO, 2000-09
A RESOLUTION OF ANNEXATION OF TERRITORY TO
MAINTENANCE DISTRICT NO.1 OF THE CITY OF
GILROY AND TO AUTHORIZE THE LEVY OF SPECIAL
ASSESSMENTS THEREIN
Annexation No.3
RESOLVED by the City Council (the "Council") of the City of Gilroy (the "City"),
County of Santa Clara, State of California, that:
WHEREAS, this Council on January 3, 2000, adopted A Resolution of Intention to
Annex Territory to Maintenance District No.3 of the CIty (the "Resolution of Intention") stating
its intention to annex the territory to the City's Maintenance District No.1 (the "District"),
pursuant to Article IV of Chapter 12A of the Gilroy Maintenance District Act (the" Act");
WHEREAS, 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").
WHEREAS, 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, 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.
WHEREAS, 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
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.
WHEREAS, on the date hereof, this Council held a noticed public hearing as required
by the Act and the Resolution of Intention relative to Annexation No.3, and at said hearing all
interested persons desiring to be heard on all matters pertaining to the annexation of territory
to the District and the levy of said special assessments within Annexation No.3 were heard and
a full and fair hearing was held;
RESOLUTION NO. 2000-09
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WHEREAS upon the conclusion of the public hearing, and after tabulation of the
assessment ballots submitted, no majority protest against the assessment existed because the
assessment ballots submitted in opposition to the assessment did not exceed the ballots
submitted in favor of the assessment. In tabulating the ballots, they were weighted according to
the proportional financial obligation of the affected properties. The protests, if any, against the
proposed acquisitions and improvements or the grades at which the work is proposed to be
done, as a whole or as to any part thereof, or against the assessment district or the extent
thereof to be assessed for the costs and expenses of the acquisitions and improvements, as a
whole or as to any part thereof, or against the engineer's estimate of costs and expenses, in
whole or in part, or against the maps and descriptions, in whole or in part, or against the
diagram or the assessment to pay for the costs and expenses thereof, in whole or in part,
written and oral, are hereby overruled.
NOW, THEREFORE, IT IS HEREBY ORDERED, as follows:
1. It is hereby determined that, upon the conclusion of the public hearing, and after
tabulation of the assessment ballots submitted, no majority protest against the assessment
existed because the assessment ballots submitted in opposition to the assessment did not exceed
the ballots submitted in favor of the assessment. In tabulating the ballots, they were weighted
according to the proportional financial obligation of the affected properties. The protests
against the proposed District or the extent thereof to be assessed for the costs and expenses of
the maintenance, as a whole or as to any part thereof, or against the engineer's estimate of costs
and expenses, in whole or in part, or against the maps and descriptions, in whole or in part, or
against the diagram or the assessment to pay for the costs and expenses thereof, in whole or in
part, written and oral, are hereby overruled.
2. The public interest, convenience and necessity require that the approval of
Annexation No.3 and the levy of assessments therein.
3. The territory that is Annexation No. 3 to be specially benefited and to be
assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as
shown by the assessment diagram thereof filed in the office of the City Clerk, which map is
made a part hereof by reference thereto. The boundaries of the District are hereby modified to
include Annexation No.3.
4. The Engineer's Report, in the form on file in the office of the CIty Clerk and to
which reference is hereby made for further particulars, including the estimates of costs and
expenses, the apportionment of assessments and the assessment diagram contained in the
Engineer's Report, is hereby approved and confirmed and shall stand as the Engineer's Report
for these and all future proceedings for the District. Final approval of the Engineer's Report is
intended to and shall refer and apply to the Engineer's Report, or any portion thereof, as
amended, modified, revised or corrected by, or pursuant to and in accordance with, any
resolution or order, if any, heretofore duly adopted or made by this Council.
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5. Based on the oral and documentary evidence, including the Engineer's Report,
offered and received at the public hearing, this Council expressly finds and determines that:
(a) each of the several subdivisions of land in Annexation No. 3 will be
specially benefited by the maintenance activities at least in the amount, if not more than
the amount, of the assessment apportioned against the subdivisions of land,
respectively; and
(b) there is substantial evidence to support, and the weight of the evidence
preponderates in favor of, the finding and determination as to special benefits.
6. This Council hereby orders that the Annexation No.3 be made for the purpose
of providing the maintenance activities set forth herein and in the Engineer's Report, as
confirmed, and that the assessments to pay the costs and expenses of such maintenance
activities set forth in the Engineer's Report for the fiscal year 2000-2001 be confirmed and are
hereby levied. For further particulars pursuant to the provisions of the Act, reference is hereby
made to the Resolution of Intention and the Engineer's Report.
7, The City Clerk shall forthwith cause certified copies of this resolution to filed
with the Director of Public Works of the CIty and the Auditor or other official of the County of
Santa Clara charged with the collection of the special assessments for Annexation No.3 upon
the tax roll of said County as their authority to cause such collection to be made commencing
for the fiscal year 2000-2001.
8. Effective Date. This resolution shall be effective upon the date of its adoption.
PASSED AND ADOPTED this 22nd day of February, 2000 by the following vote:
AYES:
COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES,
PINHEIRO, SUDOL, VELASCO, SPRINGER
NOES:
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
ATTEST:
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Rhonda Pellin, City Clerk
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/I? (I'M C<A c..u r < Yrl, of <-
Thomas W. Springer, May 7
RESOLUTION NO. 2000-09
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2000-09 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 February, 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 3rd day of March, 2000.
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City Clerk ofthe-City of Gilroy
(Seal)