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Resolution 2003-28 RESOLUTION NO. 2003-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DECLARING ITS INTENTION TO LEVY ANNUAL ASSESSMENTS FOR MAINTENANCE DISTRICT NO.1, FISCAL YEAR 2003/2004 AND SETIING A PUBUC HEARING THEREON. WHEREAS, the City Council has, by Resolution No. 2003-12, initiated proceedings for fiscal year 2003/2004 pursuant to the provisions of the City of Gilroy Maintenance District Act, Article IV of Chapter 12A of the Gilroy City Code ("Code") to provide for the levy and collection of assessments by the County of Santa Clara on behalf of the City of Gilroy to pay the maintenance and service costs of all improvements and facilities related to Maintenance District No.1 (the "District"). NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL PURSUANT TO SECTION 12A.200 OF THE CODE, AS FOlLOWS: Section 1. Intention: The City Council hereby declares its intention to seek the annual levy of the District pursuant to the Code, over and including the land within the District boundary, and to levy and collect assessments on all such land to pay the annual costs of the improvements. Section 2. Description of Improvements and Any Substantial Changes Proposed: The improvements within the District include unique services that may be due to the higher elevations, steep terrain, and narrow streets within the District boundaries, and are beyond those normally required in a flat land development. The improvements include the construction, operation, maintenance and servicing of landscaping and appurtenant improvements, including but not limited to street lighting, landscaping, irrigation systems, lighting systems, water systems, hardscape, fencing, drainage, storm drains, sewer systems and appurtenant facilities within the public right-of- ways or specified easements. The Annual Engineer's Report, as ordered by previous resolution, provides a full and complete description of all improvements and any or all substantial changes to the improvements within the District. Section 3. Boundaries and Designation: The District consists of all parcels in Tract Nos. 8136 and 9201 known as "Gilroy Country Club Estates", Tract No. 8631 known as the ''The Forest", Tract No. 8711 known as "Carriage Hills", and Tract Nos. 8962, 8963, 8964, 8965,9087, 9155,9156,9157,9286,9287 and 9312 known as "Eagle Ridge". The District structure consists of four benefit zones: Gilroy Country Club Estates (Zone A), the Forest (Zone B), Carriage Hills (Zone C) and Eagle Ridge (Zone D). Section 4. Proposed Assessment Amounts. For Fiscal Year 2002/2003, the proposed assessments for Zones A, B, C and D will either remain the same or decrease slightly below the assessed amounts of the previous fiscal year. The assessment formula for Zones A, B, C and D is total balance of levy divided by the total number of subdivided parcels equals the levy amount per parcel. The Annual Engineer's Report details the assessments. The Annual Engineer's Report is hereby approved on a preliminary basis and ordered to be filed in the office of the City Clerk for \JH\579973.1 01-042803-04706030 -1- Resolution No. 2003-28 public inspection. Section 5. Public Hearing: The City Council hereby declares its intention to conduct at least one public hearing concerning the levy of assessments for the District, in accordance with Section 12A.206 of the Code. Section 6. Notices: The City Clerk, pursuant to Section 12A.207 of the Code, shall give notice of the time and place of the public hearing by mailing notice of such hearing, postage prepaid, to all owners of property subject to said assessment to pay said costs of maintenance and operation, by causing the publishing of this resolution in a local newspaper, and by posting a copy of this resolution on the official bulletin board customarily used by the City Council for the posting of notices, all of which shall be completed not less than ten (10) days prior to such hearing. Section 7. Time of Public Hearing: Notice is hereby given that a public hearing on these matters will be held by the City Council on July 7, 2003, at 7:00 p.m., or as soon thereafter as feasible in the City Council chambers, City Hall, located at 7351 Rosanna Street, Gilroy, California, at which hearing the Council shall finally consider the Engineer's Report, hear any and all protests in relation to the report, and consider and finally act upon any protests and objections. Any interested owner may file with the City Clerk written protests at or before the time of said hearing, and make oral objections at said hearing to the amount of the assessment against his or her property. PASSED AND ADOPTED this 5th day of May, 2003, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: -7%__ tf;?- . Thomas W. Springe./ ayor--- ATTE.,~. .j'" oZ...,.// ~ t ' I , ' "..-"~ ." /~, ~.. <,f' "7 2-I?WA v~, A',___ ho da Pellin, City Clerk IJH\579973.1 01-042803.04706030 -2- Resolution No. 2003-28 I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached Resolution No. 2003-28 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 5th day of May, 2003, 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 23rd day of May, 2003. i/) e./' ~i i . \.___ . . . ... .f . ~!k~ c~~~ City Clerk of the City of Gilroy (Seal)