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1994-063-Annexing Hillbrook Area Into Landscaping & Lighting District No. 1RESOLUTION 1994 -63 RESOLUTION OF THE TOWN OF LOS GATOS ANNEXING THE HILLBROOK AREA INTO LANDSCAPING & LIGHTING DISTRICT NO. 1, DESIGNATING IT AS HILLBROOK BENEFIT ZONE, AND ESTABLISHING A POLICY ON CAPITAL REPLACEMENT AND CREDIT FOR PREEXISTING FUNDS IN OPEN SPACE MAINTENANCE DISTRICT NO. 1 WHEREAS, property owners within the Town of Los Gatos Open Space Maintenance District #1 have asked the Town to convert that District into a Benefit Zone as shown on Exhibit C hereto and annex it to the Town's Landscaping & Lighting District #1, and WHEREAS, this conversion will result in an equitable apportionment of costs of maintaining the open space area shown on Exhibit B hereto, and WHEREAS, a small parcel (APN # 523- 11 -30) in Open Space Maintenance District #1 is of such small size that it does not appear to benefit from the open space and should therefore not be included in the new Hillbrook Benefit Zone, 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, there is a fund balance remaining in the Open Space Maintenance District #1 account and this fund balance should be devoted to providing maintenance to the open space area for which it was assessed and deposited, and WHEREAS, the members of the Benefit Zone do not desire the establishment of any capital replacement fund within the Benefit Zone, and the members understand and agree that should capital replacement of 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 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 B, and WHEREAS, the new Benefit Zone should be assessed only for the maintenance and upkeep of the open space area as shown on Exhibit B, 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, and WHEREAS, the liability for the property to be maintained by the assessments paid from this Benefit Zone and its annexation to Landscaping & Lighting District #1 shall remain with the Town, and the creation of this Zone is neither intended to nor shall it create any independent entity capable of suing or being sued. NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: A. The Hillbrook Benefit Zone as shown on Exhibit C hereto is hereby confirmed, established and annexed to Landscaping & Lighting District #1, effective June 2, 1994. B. The purpose of the Hillbrook Benefit Zone shall be the maintenance and upkeep of the open space area as shown on Exhibit B. 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 funds on deposit in the Open Space Maintenance District #1, which is being dissolved concurrently with the annexation of the Hillbrook Benefit Zone, shall be used to support the maintenance and upkeep of the open space area as shown on Exhibit 2 B. These funds 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 $50 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. F. The assessments for Fiscal Year 1994 -1995 on each parcel within the Hillbrook Benefit Zone shall be $50.00 per parcel as stated in Exhibit A hereto. G. The Town Clerk is directed to file a certified copy of this resolution with the County of Santa Clara Auditor no later than August 1, 1994. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 16th day of May, 1994 by the following vote. COUNCIL MEMBERS: AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin, Mayor Randy Attaway NAYS: None ABSENT: None ABSTAIN: None ATTEST: CLERK OF THE TOWN OFILOS ATOS LOS GATOS, CALIFORNIA PFM005:A: \CNCLRP1S \0SDISDIS.R #2 3 ASSESSMENT ROLL FISCAL YEAR 1994 - 1995 SPECIAL ASSESSMENT AMOUNT OF PROPERTY NUMBER ASSESSMEMT DESCRIPTION 1 $50.00 523 -07 -007 2 50.00 523 -07 -008 3 50.00 523 -07 -009 4 50.00 523 -07 -010 5 50.00 523 -07 -011 6 50.00 523 -07 -012 7 50.00 523 -07 -013 8 50.00 523 -07 -014 9 50.00 523 -07 -015 10 50.00 523 -07 -016 11 50.00 523 -07 -017 12 50.00 523 -07 -018 13 50.00 523 -07 -019 14 50.00 523 -07 -020 15 50.00 523 -07 -021 16 50.00 523 -07 -022 17 50.00 523 -07 -023 18 50.00 523 -07 -024 19 50.00 523 -07 -025 20 50.00 523 -07 -026 21 50.00 523 -07 -027 22 50.00 523 -07 -028 23 50.00 523 -07 -029 24 50.00 523 -07 -030 25 50.00 523 -11 -018 26 50.00 523 -11 -019 27 50.00 523 -11 -020 28 50.00 523 -11 -021 29 50.00 523 -11 -022 30 50.00 523 -11 -023 31 50.00 523 -11 -024 32 50.00 523 -11 -025 33 50.00 523 -11 -026 34 50.00 523 -11 -027 TOTAL ASSESSMENT 1,700.00 The lines and dimensions of each parcel are those shown on the maps of the County Assessor of the County of Santa Clara and the County assessment roll. 024a: \reports \h1brk EXHIBIT A �9 ®ss ®oru 9-�i6� �o�d 523-11-28 V �co -ui -U7 �- � 523 -ll -27 523 -07 -09 �� 115 III 523 -07 523-11 -10 IQ Lane N � 523 -07 �. CJI 15 2 -07 523 -07 -20 52" 523 -07 523 - / O 523 -07 LF -IB 07 -21 5� -12 /0 �Ai 3_07 �5X3_07_ 11< � 23 UI it /L4 523_ br 2� h' 523-11 -30 Mot to Scale OPEN � ACE DISTRIC T1 NO. I Exhibit "A" kw.: 1/31/94 T,V. OViI' \�+q \OS- I -2.dwq Hill r5CC?A'AIME L- HIL-1-OROOK -51a1V --� . ................. ... ................. ....... —, ...... 11 O ................. ........... . . . . . . . . . . . . . ................ ex OAK OPEN SPACE AREA Exhibit „B„ �tlosso� -; �1��p Ipo�d LANDSCAPING & LIGHTING DISTRICT NO. 1 HIIJIJBROOK BENEFIT ZONE Exhibit C R—, 1131 / 99 T.P. �� I : \tea \LL -I - HDZ�Fwq soo