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Resolution 2000-09 . . 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 -1- . . 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. RESOLUTION NO. 2000-09 -2- . . 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: ~~, Rhonda Pellin, City Clerk ~ ~ r /I? (I'M C<A c..u r < Yrl, of <- Thomas W. Springer, May 7 RESOLUTION NO. 2000-09 -3- . . . . 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. ~~ i?AAA' City Clerk ofthe-City of Gilroy (Seal)