NVF:CHD:KML
05/23/2023
T-1206.033.006\2024078 1
Council Agenda: 06-06-2023
Item No.: 2.16(a)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
RESOLUTION NO. ___________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN JOSE (1) APPROVING THE ANNUAL BUDGET
REPORT FOR MAINTENANCE DISTRICT 11 (BROKAW
ROAD FROM JUNCTION AVENUE TO OLD OAKLAND
ROAD) FOR FISCAL YEAR 2023-2024 AS FILED OR
MODIFIED BY THE CITY COUNCIL, AND CONFIRMING
AND LEVYING THE INDIVIDUAL ASSESSMENTS AS FILED
OR MODIFIED BY THE CITY COUNCIL; AND (2)
DIRECTING THE DIRECTOR OF PUBLIC WORKS TO
DELIVER THE ASSESSMENT ROLL TO THE COUNTY OF
SANTA CLARA FOR COLLECTION WITH THE PROPERTY
TAXES
WHEREAS, on May 8, 1984, the City Council of San José (“City Council”) adopted Resolution No. 57444 providing for the establishment of the City of San José Maintenance District 11 (Brokaw Road from Junction Avenue to Old Oakland Road); and
WHEREAS, on June 11, 1996, the City Council adopted Resolution No. 66688 providing for the reformation of the City of San José Maintenance District 11 (Brokaw Road from Junction Avenue to Old Oakland Road) in accordance with the provisions of San José Municipal Code Chapter 14.15, referred to as the Alternative Procedures for Maintenance Districts; and
WHEREAS, on August 7, 2001, the City Council adopted Resolution No. 70552 providing for the modification and reauthorization of the City of San José Maintenance District 11 (Brokaw Road from Junction Avenue to Old Oakland Road) pursuant to the provisions of San José Municipal Code Chapter 14.15, which was revised to conform to the requirements of California Proposition No. 218; and
WHEREAS, because the proposed annual change in the assessment does not exceed the annual change in the San Francisco-Oakland-Hayward, CA Consumer Price Index, NVF:CHD:KML
05/23/2023
T-1206.033.006\2024078 2
Council Agenda: 06-06-2023
Item No.: 2.16(a)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
the Director of Public Works has prepared and filed with the City Clerk an Annual Budget Report for Fiscal Year 2023-2024 (“Annual Budget Report”) according to the requirements of San José Municipal Code Chapter 14.15; and
WHEREAS, the Annual Budget Report contains changes for the fiscal year, the proposed budget, the annual levy, the assessment roll and assessment diagram; and
WHEREAS, the City Council has considered the Annual Budget Report, remedied and corrected any errors or informalities in the Annual Budget Report and revised and corrected any of the acts or determinations of the various City of San José (“City”) officials as contained therein;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT:
1. The Annual Assessment in the Annual Budget Report does not exceed the average annual change in the San Francisco-Oakland-Hayward, CA Consumer Price Index.
2. The Annual Budget Report and each of the assessments therein as duly revised and corrected, are hereby approved, confirmed and adopted.
3. The levying of assessments in Maintenance District 11 (Brokaw Road from Junction Avenue to Old Oakland Road) for Fiscal Year 2023-2024 in accordance with this Resolution is hereby authorized.
4. The Annual Budget Report quantifies any general and/or special benefit contribution required from the City. City staff is directed to pay any required City contributions as set forth in the Annual Budget Report.
NVF:CHD:KML
05/23/2023
T-1206.033.006\2024078 3
Council Agenda: 06-06-2023
Item No.: 2.16(a)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
5. The Annual Budget Report together with the certification of the City Clerk as to the place and date of approval by the City Council, shall forthwith be delivered to the Director of Public Works of the City of San José who shall thereafter deliver the assessments to the officer of the County of Santa Clara designated by law to extend City taxes upon the tax roll, and the proper County officer shall cause to be posted to the tax rolls the assessments to be collected for the fiscal year as set forth in the Annual Budget Report as confirmed.
ADOPTED this _____ day of ___________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk