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Resolution 2004- 53 RESOLUTION NO. 2004-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DECLARING ITS INTENTION TO ORDER THE DISSOLUTION OF MAINTENANCE DISTRICT NO.1, WHICH INCLUDES ALL PARCELS IN TRACT NOS. 8136 AND 9201 KNOWN AS "GILROY COUNTRY CLUB ESTATES," TRACT NO. 8631 KNOWN AS "THE FOREST," TRACT NOS. 8711, 8853 & 8854 KNOWN AS "CARRIAGE HILLS," AND TRACT NOS. 8962, 8963, 8964, 8965, 9087, 9155, 9156, 9157, 9286, 9287, 9300, 9301, 9302, 9312 AND 9365 KNOWN AS "EAGLE RIDGE." WHEREAS, the City Council has, by previous Resolutions and pursuant to the provisions of the City of Gilroy Maintenance District Act, Article IV of Chapter l2A of the Gilroy City Code ("City Code") formed Maintenance District No. 1 to pay the costs and expenses of operating, maintaining and servicing the improvements located within Maintenance District No. 1; and WHEREAS, the City Council has, by previous Resolutions approved or amended Final Engineer's Formation and Annual Levy Reports ("Reports") as presented or amended which described the assessments against parcels of land within Maintenance District No.1, which includes all parcels in Tract Nos. 8136 and 9201 known as "Gilroy Country Club Estates," Tract No. 8631 known as "The Forest," Tract Nos. 8711, 8853 & 8854 known as "Carriage Hills," and Tract Nos. 8962, 8963, 8964,8965,9087,9155,9156,9157,9286, 9287,9300,9301,9302,9312 and 9365 known as "Eagle Ridge" ("District"); and, WHEREAS, the City Council desires and intends to dissolve the District and to cease the levy and collection of assessments against all of the parcels of land within the District; and WHEREAS, the City Council further finds that it is in the public interest and convenience to dissolve the District and to cease the levy and collection of assessments against all of the parcels of land within the District. NOW, THEREFORE BE IT RESOLVED THAT: A. The City Council intends to dissolve the District established for the improvements and maintenance within the District due to the higher elevations, steep terrain, and narrow streets within the District boundaries, and that were beyond those normally required in a flat land development. B. It is in the public interest and convenience to dissolve the District for such other improvements and maintenance within the District which included, but were not limited to, the construction, operation, maintenance and servicing of landscaping and appurtenant improvements, street lighting, landscaping, irrigation systems, lighting systems, water systems, hardscape, fencing, drainage, storm drains, sewer systems and appurtenant \JH\624183.1 01-052404-04706084 -1- Resolution No. 2004-53 facilities within the public right-of-ways or specified easements. For a complete description of the improvements and maintenance work funded by the District assessments, see the Reports on file in the Office of the City Clerk. B. The boundaries of the District to be dissolved are the boundaries which the City Council previously declared to benefited by said works of improvement, found in the assessment diagram previously approved by this legislative body, a copy of which is on file in the Office of the City Clerk. C. The annual levy of assessments for the maintenance of the above work of improvement as set forth and described in the Reports shall cease, beginning in Fiscal Year 2004/2005. D. Notice is hereby given that Monday, June 21, 2004, at 7:00 p.m. in the City Council Chambers is the time and place fixed by the City Council for a public hearing on objections to the dissolution of the District. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard. E. The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law. PASSED AND ADOPTED this 7th day of June, 2004 by the following vote: AYES: COUNCll..,MEMBERS: CORREA, Dll..,LON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCll..,MEMBERS: NONE ABSENT: COUNCll..,MEMBERS: NONE APPROVED: , ATT,~,~T~ "i/r "'--' JB ;2 i . . . ~ ,-~A('- .'1;Lo{~ .\. . J ~/~' Rhonda Pellin, City Clerk \JH\624183,1 01.052404.04706084 -2- Resolution No. 2004-53 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2004-53 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7th day of June, 2004, 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 29th day of June, 2004. ~~ City Clerk of the City of Gilroy (Seal)