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Ord 2013 - Dissolving Town of Los Gatos Open Sapce Maintenance district #3 on condition that a landscaping & lighting district benefit zone be established and that certain uses be made with the funds remaining in the open space maintenance district #3 accORDINANCE 2013 ORDINANCE OF THE TOWN OF LOS GATOS DISSOLVING TOWN OF LOS GATOS OPEN SPACE MAINTENANCE DISTRICT #3 ON CONDITION THAT A LANDSCAPING & LIGHTING DISTRICT BENEFIT ZONE BE ESTABLISHED AND THAT CERTAIN USES BE MADE WITH THE FUNDS REMAINING IN THE OPEN SPACE MAINTENANCE DISTRICT #3 ACCOUNT THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I The Council finds and determines that the property owners within Town of Los Gatos Open Space Maintenance District #3 as shown on Exhibit A hereto wish to convert the District into a Landscaping & Lighting District Benefit Zone in order to ensure that the open space, as shown on Exhibit B hereto and for which Open Space Maintenance District #3 was formed, is maintained and the costs of the maintenance equitably apportioned among the property owners. In addition, the property owners wish to ensure that the funds that were raised by Open Space Maintenance District #3 are set aside for use in paying for a portion of the costs of maintaining and caring for the open space area until the funds are exhausted. SECTION II Open Space Maintenance District No. #3 is dissolved. SECTION III The unappropriated balance of funds remaining in the account of Open Space Maintenance District #3 are hereby set aside for use in the maintenance and upkeep of the open space as shown on Exhibit B hereto as follows: A. One -half of the unappropriated balance shall be made a capital reserve for use in case of substantial damage to the open space occurs or replacement of fixtures or planting materials is required in future years. B. The other half of the unappropriated balance shall be paid out for such maintenance as a credit against any assessments levied against the property owners of the successor Benefit Zone of Landscaping & Lighting District #1 at a rate per fiscal year so that the assessments against individual property owners is no more than $395 per year until the balance is expended. None of these funds shall be used or transferred for any other purpose. The funds in the account shall accrue interest as other Town accounts, and this interest shall be credited to the account. SECTION IV This ordinance shall become effective only upon the effective date of establishment of the benefit zone of the Landscaping & Lighting District #1 as shown on Exhibit C to this ordinance. Upon this ordinance becoming effective, the Town Clerk shall file a certified copy of this ordinance to the County Recorder and the County Tax Assessor. SECTION V This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on January 16, 1996 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on March 18, 1996. Ordinance shall be effective as stated in Section IV above, but not earlier than 30 days after adoption of this ordinance. COUNCIL MEMBERS: AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin Mayor Randy Attaway NAYS: None ABSENT: None ABSTAIN: None SIGNED: MAYOR OF E TOWN O OS GATOS LOS GATOS, CALIFORNI ATTEST: CLERK OFT HE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 2 Exhibit A Rood Hill BIOS m 529 - 13 -040 A $29 - 13-04 5 29 -11 13 '14 529 - 1 - 040 a � O p •B 1 52 9- 1 IS_04) r^ c J 52 8. 29-, 9 16 'J�pJ9 529_ -U8 U 2 8 17 N h o g o ° s29,� 7 18 Nod to Saal d 31 e OJ B 1 4 � � 20 I / / N 29 529- IS`3�5 51 529.i�J'O2J 57 /Jro5 6 o2s 2 20 b 06 1 o 27, (w Ag /a . R o 23 29�,J_ J� � m Assessment No. - -XX OPEN SPACE MAINTENANCE DISTRICT NO. 3 DV26; \DWG \VHBZ -A.DWG Rev.: 1/10/96 by T.D. Exhibit B Open Space Areas TO Be Maintaine m -lill Rood gl °S EN W I `021 r L % S J ` 77 V // ' . 3 1 4 : .. • ... • .. • ... . . ... .'.'••••. ••••'••••29.�131'•••• a is SZ9 ' A t� 0 1 82D -13 -047 9 NJ `4� S79�rJ. IJ'453 0 t� 2 529- 13 -0{!I S29 /J� % N 17 p31 0D•1S.pJ2 NJ O1gl o g 17 � J2g• IJ�p J 5 z�193S'p5 �O 5 2 28 O O �a 0��7 q 0 610 • • //6 118 J � j 4 F 23 29 �IJ , 0J: s� -e N Not to Scala- Areas Maintained by Vasona Heights Benefit Zone Assessment No. —XX LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT N0. 1 Vasona Hei Benefit Zone SYS67: \01 -TRISH \DWG \VHBZ -8.DWG Rev.: 11/28/95 by T.D. Exhibit "C" Not a part of benefit zone. ASSESSMENT DIAGRAM will, Q) o 31 3 ti ^0: 00 r Not o port of benefit zone. Bloss H'�11 Rood N Nat to 5caW e Areas Maintained by Vasona Heights Benefit Zone Assessment No.— XX LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT N0. 1 Vasona Hei Benefit Zone DV26: \DWG \VHBZ —D.DWG Rev.: 3/5/96 by T.D.