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2010-037-Approving Proposed Annual Maintenance L&L Assessment District 1 HillbrookRESOLUTION 2010-037 RESOLUTION OF THE TOWN OF LOS GATOS FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT-1 HILLI3ROOI~ BENEFIT ZONE INCREASING THE ANNUAL MAINTENANCE RATE EFFECTIVE JULY 1, 2010 WHEREAS, property owners within the Town of Los Gatos Landscaping & Lighting District #1 have aslced the Town to continue to provide maintenance services within the Hillbrook Benefit Zorie ;and WHEREAS, the property owners of the Benefit Zone. do not desire the establishment of any capital replacement fund within the Benefit Zone assets, whether by catastrophe failure, or otherwise, be necessary or desired, the property owners shall be responsible for the costs as part of the following year's assessments which is the normal procedure for Landscaping & Lighting Districts, and that the Town is not and may not be in a position to advance those replacement costs; .and WHEREAS, the property owners and t11e Town find that the equitable apportionment of future assessments in the Hillbrook Benefit Zone should be based on a uniform and equal assessment on each parcel because each of the parcels enjoy an equivalent benefit from the open space area; and WHEREAS, the liability for the property to be maintained by the assessments paid from this Benefit Zone shall remain with the Town, and this Zone is neither intended to nor shall it create an independent entity capable of suing or being sued. NOW, THEREFORE, IT IS RESOLVED that the assessments for Fiscal Year 2010- 2011 for each parcel within the Hillbrook Benefit Zone shall be set at $175.00 per parcel. 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 shall be credited to the account. PASSED AND ADOPTED at a regular .meeting of the Town Council of the Town of Los Gatos, California, held on the Sty' day of April, 2010 by the following vote. COUNCIL MEMBERS: AYES: Joe Pirzynski, Steve Rice, Barbara Spector, Mike Wasserman, Mayor Diane McNutt NAYS: ABSENT: ABSTAIN: SIGNED: D;a~+c M~Urc~' MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: .~ ` CLERK INISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA