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Resolution 2002-71 RESOLUTION NO. 2002-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY SETTING DEVELOPMENT IMPACT FEES TO FUND LIBRARY CONSTRUCTION AND LAND ACQUISITION THEREFOR WHEREAS, the City of Gilroy ("City") is served by a public library, hereinafter referred to as the "Gilroy Library," said library being a part of the County of Santa Clara's library system and operated by the Santa Clara County Library Joint Powers Authority; and WHEREAS, the City seeks to assure that adequate library facilities will be available to meet the increased demand for library services that will be generated by the City's growing population; and WHEREAS, California Government Code sections 66000 et. seq. authorizes the City Council, after prescribed notice and public hearing, to levy development impact fees in amounts that do not exceed the estimated cost of providing the services for which the fees are levied; and WHEREAS, the City Council, by adoption of Ordinance No. 2002 - 14, authorized the imposition of a development impact fee on residential development projects ("Library Impact Fee") to fund library expansion to meet the needs generated by new residents; and WHEREAS, Ordinance No. 2002 -14 authorizes the City Council to set Library Impact Fee amounts by resolution and the City Council desires to set Library Impact Fee amounts herein; and WHEREAS, at least 14 days prior to the proposed adoption date of this Resolution, notice was sent to all interested persons who filed written requests with the City for notice of new or increased fees or charges; and WHEREAS; said notice stated that the staff report and data indicating the amount of cost, or estimated cost, required to provide the service for which the Library Impact Fee is being levied, and the revenue sources anticipated to provide the service, are available in the office of \NVH\559B56.2 01-072402-04706002 -1- RESOLUTION NO. 2002-71 the City Clerk, and such data was made available to the public at least 10 days prior to the hearing; and WHEREAS, the City caused to be published for 10 days notice of a public hearing at which the City Council would consider the setting of Library Impact Fees, and the notice appeared twice at least five days apart in a newspaper regularly published at least once per week; and WHEREAS, on September 16, 2002, the City held as part of a regularly scheduled meeting an open and public hearing at which oral and written presentations could be made. NOW, THEREFORE, BE IT RESOLVED: SECTION I That Library Impact Fees on residential development, as calculated in Exhibit A attached hereto, shall be set as follows: Residential - Low Density Residential- High Density $1,810.00 per unit $1,290.00 per unit SECTION II That the City Council finds and determines that the Library Impact Fee schedule adopted herein reflects the cost, or estimated cost, required for the acquisition and development of library facilities and the repayment of any indebtedness incurred by the City to meet the need for library services generated by new development. SECTION III The Library Impact Fees set herewith shall be effective sixty (60) days following the adoption of this Resolution. INVH\559856.2 01-072402.04706002 -2- RESOLUTION NO. 2002-71 PASSED AND ADOPTED this 16th day of September, 2002, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ~/~ . '---~ Rho da Pellin, City Clerk INVH\559856.2 01-072402-04706002 ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NONE NONE APPROVED: ---n: Thomas W. Springe -3- RESOLUTION NO. 2002-71 '- I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached Resolution No. 2002-71 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 16th day of September, 2002, 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 25th day of September, 2002. (Seal)