Resolution 2004- 96
RESOLUTION NO. 2004-96
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY PROVIDING FOR ANNUAL ADJUSTMENTS IN
SEWER, WATER AND STORM DEVELOPMENT IMPACT FEES
BASED UPON THE INCREASE IN THE CONSTRUCTION COST
INDEX
WHEREAS, the City Council of the City of Gilroy adjusted the Sewer Development Impact
Fee, Water Development Impact Fee and Storm Development Impact Fee pursuant to Resolution
No. 2004-90 adopted on October 18,2004; and
WHEREAS, the City has determined that a proper method for an annual adjustment of the
Sewer Development Impact Fee, Water Development Impact Fee and Storm Development Impact
Fee is to adjust those fees based upon any increase in the Construction Cost Index as published by
the Engineering News-Record (ENR) as measured from October to October of each year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy that:
1. The Sewer Development Impact Fee, Water Development Impact Fee and
Storm Development Impact Fee, collectively hereinafter called "Impact Fees,"shall be
adjusted annually effective January 1 of each calendar year based upon any increase in the
Construction Cost Index as published by the Engineering News-Record (ENR) as measured
from October to October of each year, starting with October 2004. If the index decreases, no
adjustment shall be made.
2. If because of special conditions caused by a development project, the
development project is required to construct any improvement or portion thereof which is
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Resolution No. 2004-96
listed in the most current approved city capital improvement budget relating to sewer, storm
or water facilities, then the full Impact Fees shall be collected from the development project,
but the development project shall be reimbursed for the full cost of the improvement
constructed (or, if only a portion of the improvement is constructed, the prorated portion of
said construction cost), using the project cost as listed in said capital improvement budget as
increased by the ENR index in the same manner that the Impact Fees are increased
hereunder. In no event, however, shall the reimbursement exceed the cost or prorated cost of
the improvement shown in the capital budget. This section shall also apply to contributions
or dedications of land by a development project.
3. The City Council may also by resolution adjust the amount ofthe Sewer
Development Impact Fee, Water Development Impact Fee and Storm Development Impact Fee from
time to time based on new data.
PASSED AND ADOPTED this 1 st day of November, 2004, by the following vote:
AYES:
COUNCILMEMBERS:
CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO and PINHEIRO
NONE
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
NONE
A~~T: e_
#fl!:d~~ ~~'
Rhonda Pellin, City lerk
INVH1639800.2
02.102804706084
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Resolution No. 2004-96
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2004-96 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
1st day of November, 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 4th day of November, 2004.
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· City -lerk of ihecity of Gilroy
(Seal)