Resolution 2012-05
RESOLUTION NO. 2012-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY ESTABLISHING THE CITY'S WASTEWATER
UTILITIES SYSTEM RATE SCHEDULE EFFECTIVE MARCH 1,
2012
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 or about
December 9,2011, said notice, postage prepaid, to all owners of property subject to the City's
wastewater utilities system rate schedule, and to all water and wastewater utility customers on or
about December 5, 2011 ("Mailed Notice"); and
WHEREAS, said Mailed Notice stated that a public hearing on this matter would be held
on January 23,2012 at 6:00 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 wastewater utilities system 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 wastewater
utilities system 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 ofthe owners of property subject to the
proposed wastewater utilities system rate schedule file valid protests to the proposed schedule,
then the City Council may not adopt the new rate schedule; and
WHEREAS, on January 23, 2012, the City Council held a duly noticed public hearing, at
which hearing the City Council considered all testimony and evidence, including any written
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RESOLUTION NO. 2012-05
protests previously submitted, and all persons desiring to submit written or oral testimony
regarding the City's wastewater utilities system 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 or about December 9, 2011, the City caused to be sent 11,759 Mailed Notices
(representing 13,097 properties) to all of the owners of property subject to the City's
wastewater utilities system rate schedule. By the close of the public hearing on January
23,2012, the City received a total of30 written and oral protests. Therefore, a majority of
the owners of properties subject to the City's wastewater utilities system rate schedule
did not, at or prior to the time fixed for said hearing or during said hearing, file valid
protests against the wastewater rates.
2. The City's wastewater rates set forth in the wastewater utilities system rate schedule,
attached hereto as "Exhibit A" and incorporated herein by this reference, are hereby
adopted to become effective on March 1,2012 and then beginning July 1,2013 and each
July 1 thereafter through July 1,2016.
PASSED AND ADOPTED this 23rd day of January, 2012 by the following roll call vote:
AYES:
COUNCILMEMBERS: ARELLANO, DILLON, LEROE-MuNOZ
and PINHEIRO
NOES:
COUNCILMEMBERS: BRACCO, TUCKER, WOODWARD
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
~:>
Ibert Pinheiro, Mayor
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RESOLUTION NO. 2012-05
Hotels
G rocerv /Mortu arv /Restau ra nt
Auto Dealers
Paper Container
Office/School/Car
Dept.jRetail/Laundrv
Misc.jAssemblv
Ha II/Hospita I/H otel/Mote
Commercial/Industria
Rates (S/l,OOO gal.)
Wash
Bakeries/Food Processors
Multi-Use/Commercia
w/Restaurant
Laundries
Significant
Commercial/Industria
(S/mo.)
Residential
Single-Fam
Multi-Fam
% Increase
Wastewater Rates
Base Rates/Minimum Charges (S/mo.)
Exhibit A
March 1, July 1, July 1, July 1, July 1,
2012 2013 2014 2015 2016
5% 8% 12% 12% 5%
$32.79 $35.41 $39.66 $44.42 $46.64
$23.29 $25.15 $28.17 $31.55 $33.13
$72.86 $78.69 $88.13 $98.71 $103.65
$8.91 $9.62 $10.77 $12.06 $12.66
$5.01 $5.41 $6.06 $6.79 $7.13
$5.50 $5.94 $6.65 $7.45 $7.82
$6.15 $6.64 $ 7.44 $8.33 $8.75
$6.51 $7.03 $7.87 $8.81 $9.25
$7.56 $8.16 $9.14 $10.24 $10.75
$7.76 $8.38 $9.39 $10.52 $11.05
$8.41 $9.08 $10.17 $11.39 $11.96
$9.98 $10.78 $12.07 $13.52 $14.20
$12.48 $13.48 $15.10 $16.91 $17.76
User
Non-Significant
User
Volumetric
IV Residentia
IV Residentia
Base Rate
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2012-05 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 23rd day of January, 2012, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
f January, 2012.
(Seal)