1994-034-Intention To Adopt An Ordinance Dissolving Open Space Maintenance District No. 1RESOLUTION 1994 -34
RESOLUTION OF THE TOWN OF LOS GATOS
OF INTENTION TO ADOPT AN ORDINANCE DISSOLVING OPEN
SPACE MAINTENANCE DISTRICT NO. #1
WHEREAS, property owners within Town of Los Gatos Open Space Maintenance
District #1 as shown on Exhibit A hereto have asked the Town to convert that District
into a benefit zone annexed 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 as shown on Exhibit B hereto, and
WHEREAS, it appears to be in the public interest to dissolve Open Space
Maintenance District #1 on the condition that a Benefit Zone for the continued
maintenance under the Landscaping & Lighting District Act of 1972 be established, and
WHEREAS, the Town Council must first hold a public hearing on the dissolution
and then consider adoption of an ordinance of dissolution,
NOW, THEREFORE, IT IS HEREBY RESOLVED:
1. A public hearing shall be held by the Town Council at 7:30 p.m., or as soon
thereafter as the matter may be heard, on May 2, 1994 at Town Hall, 110 East Main Street,
Los Gatos, CA, to consider adoption of an ordinance dissolving Open Space Maintenance
District #1 as generally provided in Exhibit C hereto.
2. The Town Clerk is hereby directed to provide and publish notice pursuant to
Government Code § 50626 of this public hearing and this resolution of intention.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 22nd day of February, 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
SIGNED:
MAYOR THE TOWN OS GATOS
LOS GATOS, CALIFOR A
ATTEST:
CLERK OF THE TOWN OF L GATOS
LOS GATOS, CALIFORNIA
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ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS DISSOLVING TOWN OF
LOS GATOS OPEN SPACE MAINTENANCE DISTRICT #1 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 #1 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 #1 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 District #1 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 #I 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. #1 is dissolved.
SECTION III
The unappropriated balance of funds remaining in the account of Open Space
Maintenance District # 1 are hereby set aside for use in the maintenance and upkeep of the
open space as shown on Exhibit B hereto. 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.
ATTACHMENT 4
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 , 1994 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 , 1994. Ordinance shall be effective as stated
in Section IV above, but not earlier than 30 days after adoption of this ordinance.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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