1996-074-Annexing Tract No. 8612 Into Landscaping & Lighting District No 1, Designating It As Kennedy Meadows Benefit ZoneRESOLUTION 1996 - 74
RESOLUTION OF THE TOWN OF LOS GATOS ANNEXING TRACT NO. 8612 INTO
LANDASCAPING & LIGHTING DISTRICT NO. 1, DESIGNATING IT AS KENNEDY
MEADOWS BENEFIT ZONE
WHEREAS, property owners within Tract No. 8612 have petitioned the Town of Los
Gatos to create Kennedy Meadows Benefit Zone and annex it to Landscaping and Lighting
Assessment District No. 1 without notice and hearing; and
WHEREAS, on April 1, 1996, the Town Council received the draft Engineer's Report
recommending that the Town proceed with the annexation and adopted Resolution 1996 -33,
initiating the process to form Kennedy Meadows Benefit Zone and annex it to Landscaping and
Lighting Assessment District No. 1, these documents are on file with the Town Clerk of the Town
of Los Gatos, and that those documents describe the boundaries of the benefit zone and the
proposed assessments; and
WHEREAS, the new benefit zone should assessed only for the maintenance and upkeep
of the open space areas shown as Parcels A and B on Exhibit A and street lights on Forrester
Court and Kennedy Court, and any enlargement of the purposes of this benefit zone should only
occur after a resolution of intention has been adopted by the Town Council of the Town of Los
Gatos, a public hearing held, the increase subject to majority protest of the property owners within
the benefit zone, and a determination by the Town Council then made pursuant to the procedures
of the Landscaping and Lighting District Act of 1972; and
WHEREAS, pursuant to Streets & Highways Code § 22608, the property owners within
the area to be annexed have requested this annexation, so long as the conditions and procedures
contained in this resolution are adopted by the Council, and
WHEREAS, the property owners and the Town find that the equitable apportionment of
future assessments in the new Benefit Zone should be based on a uniform and equal assessment
on each parcel because each of the parcels enjoys an equivalent benefit from the open space area
as shown on Exhibit A, and
WHEREAS, the new Benefit Zone should be assessed only for the maintenance and
upkeep of the open space area as shown on Exhibit A and street lights on Forrester Court and
Kennedy Court, and any enlargement in the purposes of this benefit zone should only occur after
a resolution of intention has been adopted by the Council, a public hearing held, the increase
subjected to majority protest of the property owners, and a determination by the Council then
made pursuant to the procedures of the Landscaping & Lighting District Act of 1972,
1
NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS:
A. The Kennedy Meadows Benefit Zone as shown on Exhibit A hereto of the Landscaping
& Lighting District #1 is hereby confirmed, established and annexed to District No. 1.
B. The purpose of the Kennedy Meadows Benefit Zone shall be the maintenance and
upkeep of the open space area as shown on Exhibit A. This purpose shall not be enlarged without
providing notice to the property owners in the Benefit Zone, adoption of a resolution of intention,
a public hearing by the Council, subjection to majority protest by the property owners in the
Benefit Zone, and adoption of a resolution of amendment to the purpose by the Council.
C. The assessments upon the property owners in the Benefit Zone shall be by equal
amount on each parcel in the Benefit Zone.
D. The Town Clerk is directed to file a certified copy of this resolution with the County
of Santa Clara Auditor no later than August 10, 1996.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 17th day of June, 1996 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steve Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYO F THE TOW OF LOS GATOS
LOS GATOS, CALIFO IA
ATTEST:
CLERK OF THE TOWN OF L ATOS
LOS GATOS, CALIFORNIA
2
F(DIRTIU
Exhibit A
Assessment, Diagram
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Kennedy -,-
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Assessment No. -- XX C>o
Areas Maintained by
Kennedy Meadows Benefit Zone
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Forrester Rd.
LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT NO. 1
Kennedy Meadows Benefit Zone
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Dr.., by. bosh Rorte 3/28/96