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Resolution 2004- 66 RESOLUTION NO. 2004-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING 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 N of Chapter 12A 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 Tractl'Jos. 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. Following notice duly given, on June 7, 2004, the City Council held a full and fair public meeting regarding the Resolution Declaring the Intention to Order the Dissolution of the District. B. Following notice duly given, on June 21, 2004, the City Council held a full and fair public hearing regarding the Resolution Ordering the Dissolution of the District and considered all oral and written evidence made or filed by interested persons. IJH1627158,1 01-061504-04706084 -1- Resolution No. 2004-66 C. 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 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. D. 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. E. 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 200412005. F. The City Clerk shall forward a certified copy of this Resolution to the Director of Public Works of the City, to the County Auditor of the County of Santa Clara, and to the officer designated by law to extend ad valorem property taxes upon the tax roll on which they are collected. PASSED AND ADOPTED this 2151 day of June, 2004 by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: ~ ATTEST: /J ~. ...l V;L.Cdtt tXuu_,,-. Rhonda Pellin, City Clerk \JH\627158,1 01-061504-04706084 -2- Resolution No. 2004-66 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2004-66 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 21 st 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. ~2 / .) A(~~' CIty lerk of the City of Gilroy (Seal)