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HomeMy WebLinkAboutResolution 103-88 R-6 CITY OF ATASCADERO IMPROVEMENT DISTRICT NO. 5 (CHANDLER RANCH AREA ASSESSMENT DISTRICT) RESOLUTION NO. 103-88 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO CONFIRMING ASSESSMENT AND ORDERING PROPOSED IMPROVEMENTS TO BE MADE; PROVIDING FOR NOTICE OF RECORDING OF ASSESSMENT; AND DESIGNATING THE CITY TREASURER TO COLLECT AND RECEIVE MONEY WHEREAS, the Council of the City of Atascadero (the "City") , by Resolution No. 92-88 heretofore duly adopted on August 23, 1988, as orally amended by the Council of the City on September 13, 1988, which amendment is hereby ratified and confirmed (herein, the "Resolution of Intention") , declared its intention to order the public improvements in and for an assessment"district more particularly described in Exhibit A attached hereto and incorporated herein and made apart hereof, designated "City of Atascadero Improvement District No. 5 (Chandler Ranch Area Assessment District) " (herein, the "Assessment District") ; and WHEREAS, this Council in and by the Resolution of Intention referred said proposed improvements to the firm of Cuesta Engineering, as Engineer of Work (the "Engineer of Work") , and directed the Engineer of Work to make and file with the City Clerk of the City a report in writing containing the matters specified in Section 10204 of the California Streets and Highways Code, which report was thereafter filed with the City Clerk of the City and was preliminarily approved by this Council on September 13, 1988, and this Council fixed 7:30 o'clock p.m. on Tuesday, October 25, 1988, at the Council Chambers, City Hall, 6500 Palma Avenue, Atascadero, California 93423, as the time and place for hearing of protests to the proposed improvements, and provided for notice of such hearing; and WHEREAS, the City Clerk of the City has filed with this Council an affidavit setting forth the time and manner of the compliance with the requirements of law for publishing, posting and mailing notices of the adoption of the Resolution of Intention and of the filing of the report and of the time and place for hearing protests to the proposed improvements, or to the extent of the Assessment District or to the proposed assessment; and this Council hereby finds that notice of the adoption of the Resolution of Intention and of the filing of the report and of the time and place for hearing protests to the proposed improvements has been published, posted and mailed in the time, form and 2 0898b ` . manner required by law; and WHEREAS, the hearing was duly convened by this Council at the time and place for the hearing of all protests to the proposed improvements, or to the extent of the Assessment District or to the proposed assessment, and all protests thereto received by the City Clerk of the City were presented to this Council; and WHEREAS, this Council found and determined that protests against the proposed improvements were not made by the owners of more than one-half of the area of the land in the Assessment District to be assessed for the proposed improvements; and WHEREAS, this Council thereupon proceeded with the hearing, and duly considered all of the protests at the hearing, and duly heard all interested persons desiring to be heard at the hearing; and WHEREAS, at the hearing the Engineer of Work recommended that various changes be made in the report, as more particularly set forth in his revised report dated October 25, - 1988 on file with this Council; and WHEREAS, upon the basis of all evidence presented at the hearing, this Council ordered that the assessment and the diagram contained in the report be modified in certain particulars, as more fully set forth in the records of this Council; and WHEREAS, this Council has determined that it will not be necessary to provide for an annual assessment upon 3 0898b each of the several subdivisions of land within the Assessment District to pay certain administration and collection costs for fiscal year 1988/89; and WHEREAS, this Council is fully advised in the premises; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Atascadero, as follows: Section 1. The foregoing recitals are true and correct and this Council so finds and determines. Section 2. All protests to the proposed improve- ments, or to the extent of the Assessment District or to the proposed assessment by this Council as modified are hereby overruled. Section 3 . This Council hereby finds and determines that all of the several assessed subdivisions of land in the Assessment District have been assessed in proportion to the benefits to be received by such subdivisions, respectively, from the proposed improvements . Section 4. Pursuant to Section 8 of the Resolution of Intention, the City Council of the City provided for a maximum annual assessment of $150 upon each of the several subdivisions of land in the Assessment District to pay costs incurred by the City and not otherwise reimbursed for the administration and collection of (i) the assessments, (ii) the registration of the bonds or (iii) the reserve fund or other related funds. The City does not expect to incur any of the foregoing administration and collection costs during 4 0898b fiscal year 1988/89 which are not otherwise reimbursed to the City, and therefore, the City determines not to require an annual assessment for such fiscal year. Notwithstanding the preceding sentence, the City may, by subsequent resolution, determine to provide for an annual assessment up to the maximum amounts specified in this Section to pay such administration and collection costs. Section 5. This Council hereby confirms the assessment and the diagram as so modified as now on file with it; and declares that the report of the Engineer of Work and the assessment and the diagram as so modified are hereby adopted and confirmed Section 6. This Council hereby orders the proposed improvements described in the Resolution of Intention and in the report to be made. Section 7. The City Clerk is hereby directed to transmit the diagram of the Assessment District and the assessment as confirmed to the Superintendent of Streets of the City, who shall record the same in his office, and shall file a complete list of unpaid assessments with the Treasurer of the City, and the assessment shall become due and payable; and the City Clerk of the City is hereby further directed to file in the office of the San Luis Obispo County Recorder a copy of the assessment diagram as so recorded and to execute and record a notice of assessment in the office of the San Luis Obispo County Recorder, and the assessment shall become a lien upon the land on which it is levied; all pursuant to 5 0898b the Municipal Improvement Act of 1913 . Section 8. The Treasurer of the City is hereby designated to collect and receive the money paid pursuant to the assessment as herein confirmed. The City Clerk is hereby ordered and directed to cause notice of recording the assessment to be given by (a) Mailing postage prepaid to each person owning property in the Assessment District, at his last known address as it appears on the tax rolls of the County of San Luis Obispo, or on file at the office of the City Clerk of the City, or to both addresses if they are not the same, or if no address appears, to General Delivery, Atascadero, California, a statement containing a designation of the 4roperty assessed sufficient to enable the owner to identify it, the amount of the assessment, the date of the recordation of the assessment, the time and place of payment of the assessment and the effect of failure to pay within such time, and a statement that bonds are to be issued under the Improvement Bond Act of 1915 to represent unpaid assessments; and (b) Causing to be published once a week for two successive weeks in The Atascadero News, a newspaper published and circulated in the City, a notice stating that the assessment has been recorded in the office of the Superintendent of Streets of the City and that all sums assessed therein are due and payable immediately, that the payment of such sums is to be made to the Treasurer of the b 0898b City within 30 days after the date of recording the assessment (which date shall be stated in the notice) , and that if any assessments are not paid within the 30-day period, bonds will be issued under the Improvement Bond Act of 1915 to represent unpaid assessments. Section 9 . This resolution shall take effect from and after its date of adoption. PASSED AND ADOPTED this October 25, 1988, by the following vote: AYES. Councilmembers Shiers, Mackey, Dexter, Lilley and Borgeson None NOES: None ABSENT: ATTEST Boyd C. SharitV— City Clerk of the City of Atascadero San Luis Obispo County State of California [Seal] �ONITA BORGESON, Mayor APPROVED AS TO CONTENT: Y DSOR, City Manager APPROVED AS TO FORM: *EEY . RCity Attorney 7 0898b 40 40 EXHIBIT A Resurfacing of streets, including the removal and replacement of the existing base and surface course prior to resurfacing. Partial grading of shoulders and minor drainage improvements; minor widening of streets and surveying. Construction inspection wil be performed throughout. The work will also include necessary appurtenances, including, but not limited to, mobilization, clearing and grubbing, excavation, importation of graded material, compaction, testing, acquisition of necessary easements and tapering at driveways. A-1 8 0898b CITY CLERK'S CERTIFICATE I, BOYD C. SHARITZ, City Clerk of the City of Atascadero, do hereby certify as follows: The foregoing resolution is a full, true and correct copy of a resolution duly adopted by a vote of a majority of the members of the Council of said City at a regular meeting of the Council of said City duly and regularly and legally held at the regular meeting place thereof on October 25, 1988, of which meeting all of such members had due notice, as follows: AYES: Councilman Lilley, Shiers, Dexter, Coucilwoman Mackey and Mayor Borgeson NOES• none, 4 ABSENT: none I have carefully compared the foregoing with the original minutes of said meeting on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes. Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect. October 26 Dated: 1988. [SEAL] Boyd C. Sharitz City Clerk of the City of Atascadero San Luis Obispo County State of California A-2 9 0898b