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2009-041-Intention To Levy And Collect Assessments For Fiscal Year 2009/10 In landscaping And Lighting Assessment District No. 1RESOLUTION 2009 -041 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS OF ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2009/10 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1 -- KENNEDY MEADOWS BENEFIT ZONE, AND TO SET PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS WHEREAS, Landscaping and Lighting Assessment District No. 1 -- Kennedy Meadows Benefit Zone is generally located in Tract No. 8612, as generally shown in Part D hereto, and generally consists of the following improvements: The maintenance of trees, landscaping, irrigation systems, trail and street lights within open space areas (Parcels A and B) and along Kemledy Court and Forrester Court, as shown on the approved improvement for Tract No. 8612, Los Gatos, California and the riparian and wetlands area described in the report by H. T. Harvey Associates, dated November 11, 1994. WHEREAS on April 6, 2009 the Town Council ordered the District Engineer to prepare and file a report regarding Landscaping and Lighting Assessment District No, 1 -- Kennedy Meadows Benefit Zone, regarding the improvements in the District and proposed assessment to support those improvements; and WHEREAS, the District Engineer has prepared and filed that report; and WHEREAS, the Town Council has considered and approved that report; and WHEREAS, no substantial changes are proposed to be made in the improvements in the district; and WHEREAS, the Engineer's Report contains a detailed description of the improvements in the District, the boundaries of the District and the benefit zones within the District, and the proposed assessments upon assessable lots and parcels of land within the District; and WHEREAS, the Town Council intends to consider levying and collecting assessments upon the assessable lots and parcels of land within the District that equal to those levied and collected in Fiscal Year 2008/09; and WHEREAS, the proposed assessment should be set for public hearing in accordance with the Streets and Highways Code, NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: I. The Town Council will consider the levying and collection of assessment in Landscaping and Lighting Assessment District No. 1-- Kennedy Meadows Benefit Zone at a public hearing Monday, June 1, 2009, at 7:00 P. M., in the Town Council Chambers at Civic Center, 110 East Main Street, Los Gatos, CA 95030, when all interested persons may come and be heard. This hearing may be continued from time to time. 2. Any person wishing to protest the levy and collection of assessments may do so by filing a written protest with the Clerk Administrator at 110 E. Main Street, Los Gatos, CA 95030, before the close of the public hearing on June 1, 2009, or as it may be continued from time to time. Any such written protests must state all grounds of objection and a description to the property owned by the person making the protest sufficient to identify the property owned by that person. 3. The Clerk Administrator is ordered to cause notice of the hearing to be published once in the Los Gatos Weekly Times at least 10 days before the public hearing. 4. The Clerk Administrator is further ordered to cause notice of the public hearing to be mailed to the owners of assessable lots and parcels within the district at least 10 days before the public hearing. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 4"' day of May, 2009 by the following vote: COUNCIL: AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector, and Mayor Mike Wasserman NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA T: THE TOWN OF LOS GATOS LOSS- GiCTOS, CALIFORNIA r ._ 7 1OXIr Assessment Diagram h 101 p •'� 10 103 Kennedy 'o ro • 100 102 spa -cn sz �.15 �, 9 V� •z 0 �C d'l � `` 2 N IAI Not a QS�• part. Areas Maintained by Kennedy Meadows Benefit Zone c� co Forrester Rd. Landscaping & Lighting Assessment District No.1 Not to Scale Kennedy Meadows Benefit Zone N: \PPW\ENGINEERING \ASMT