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Resolution 2007-69 RESOLUTION NO. 2007-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING THE CITY'S WATER UTILITIES RATE SCHEDULE EFFECTIVE JANUARY 1, 2008 AND OVERRULING ANY PROTESTS THERETO WHEREAS, pursuant to section 6 of California Constitution Article XIIID, which is commonly known as Proposition 218, the City gave at least forty-five days' notice of the time and place of the public hearing set before the City Council by causing to be mailed on July 17, 2007, said notice, postage prepaid, to all owners of property subject to the City's water service rate schedule, and to all water and sewer utility customers on July 3,2007 ("Mailed Notice"); and WHEREAS, said Mailed Notice stated that a public hearing on this matter would be held on September 17, 2007 at 7:00 p.m., in the City Council chambers at 7351 Rosanna Street, Gilroy, at which hearing the City Council would hear any and all protests received prior to or at the public hearing in relation to a revised City water utilities rate schedule and act as required by law in regard to said protests; and WHEREAS, all owners of property and customers subject to the City's water utilities rate schedule were thus properly notified pursuant to law and given the opportunity to file with the City Clerk written protests at any time prior to the close of the public hearing; and WHEREAS, pursuant to law, if a majority of the owners of property subject to the proposed water utility rate schedule file valid protests to the proposed schedule, then the City Council may not adopt the new rate schedule; and WHEREAS, on September 17, 2007, the City Council held a duly noticed public hearing, at which hearing the City Council considered all testimony and evidence, including any written protests previously submitted, and all persons desiring to submit written or oral testimony regarding the City's water utilities rate schedule or otherwise desiring to be heard on the matter were given that opportunity prior to the close of the public hearing. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Gilroy hereby finds and determines as follows: 1. On July 17, 2007, the City caused to be sent 10,962 Mailed Notices to all ofthe owners of property subject to the City's water utility rate schedule. By the close ofthe public -1- ILAC1737400.1 091107-04706083 Resolution No. 2007-69 hearing on September 17, 2007, the City received a total of 190 written and oral protests. Therefore, a majority of the owners of properties subject to the City's water utility rate schedule did not, at or prior to the time fixed for said hearing or during said hearing, file written or otherwise valid protests against the water rates. 2. All protests and objections of any kind, be they written or oral, are hereby overruled. 3. The City's water utility system rate schedule, attached hereto as "Exhibit A" and incorporated herein by this reference, is hereby adopted to become effective January 1, 2008. PASSED AND ADOPTED this 1 ih day of September, 2007 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: GARTMAN ABSENT: COUNCILMEMBERS: NONE D ;1 APPROVED: ~or ATT~T:' _k --.. ./ \ ~ (SlIawna Freels, C, \ I \ \ ) .-/ "~- ../ -2- ILAC1737400.1 091107-04706083 Resolution No. 2007-69 ""-" exhibit A City of Gilroy Water Rates Effective January 1, 2008 Base Rate/Minimum Charge Rate Meter Size ($) per Month :y.; inch 5.73 1 inch 6.47 1-1/2 inch 16.17 2 inch 25.86 3 inch 71.31 4 inch 216.10 6 inch 438.19 8 inch 584.27 10 inch 730.33 Type of Service* Rate ($) per 1,000 Gallons Residential Zone 1 Gallons/Month 0- 5,000 0.84 5,001 - 15,000 1.65 15,001 - 30,000 4.43 30,000 + 6.46 Zone 2 (Hillside Pressure) Gallons/Month 0- 5,000 1.54 5,001 - 15,000 2.35 15,001 - 30,000 5.14 30,000 + 7.15 Zone 3 (Hillside Pressure) Gallons/Month 0- 5,000 2.27 5,001 - 15,000 3.08 15,001 - 30,000 5.87 30,000 + 7.89 Com mercial/lndustrial Zone 1 Gallons/Month 0- 3,000 0.84 3,001 - 30,000 2.00 30,001 + 2.22 Zone 2 (Hillside Pressure) Gallons/Month 0- 3,000 1.54 3,001 - 30,000 2.69 30,001 + 2.92 Zone 3 (Hillside Pressure) Gallons/Month 0- 3,000 2.27 3,001 - 30,000 3.42 30,001 + 3.65 Irriqation '''''' Zone 1 Gallons/Month o - 30,000 4.43 30,001 + 6.46 Zone 2 (Hillside Pressure) Gallons/Month 0-30,000 5.14 30,001 + 7.15 Zone 3 (Hillside Pressure) Gallons/Month o - 30,000 5.87 30,001 + 7.89 . Above charges are for inside city service. All outside city services are double the inside rate. Seniors that qualitY for PG&E's Care Program may apply for a senior rate that gives them an exemption for the first 5,000 gallons per month. "'''' 'Iii,:,"- I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2007-69 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 17th day of September, 2007, 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, 2007. (Seal)