HomeMy WebLinkAboutResolution 33-89 RESOLUTION NO. 33-89
RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF
CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE
IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION
5830) FOR MAINTENANCE DISTRICT 83-1 LOBOS AVENUE
WHEREAS, the Council has previously approved the formation
of Maintenance District 83-1 ; and
WHEREAS, certain street improvements were constructed under
the provisions of the Improvement Act of 1911 ; and
WHEREAS, it may be necessary for the City to perform
routine maintenance of the improvements constructed within
Maintenance District 83-1 ; and
WHEREAS, under the provisions of Section 5830 of the
Streets and Highways Code it is the responsibility of the
Council to estimate the cost of maintenance in the district
during the ensuing year and to fix a special tax rate for the
real property within said maintenance district to raise an
amount of money to cover the expense of maintaining said
improvements .:
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE Council of the
City of Atascadero as follows :
Section 1 . The above recitals are true and correct .
Section 2 . Based on an estimate of the Public Works
Director , the Council sets a special tax rate of Twenty Dollars
($20 . 00) per parcel as identified in the assessment diagram for
Maintenance District 83-1 , said special tax to cover the expense
of maintaining road and drainage improvements within said
district during the ensuing year .
Section 3 . The adoption of this resolution constitutes a
levy of the assessment for the fiscal year commencing the 1st
day of July , 1989 and ending the 30th day of June, 1990 .
Section 4 . The works of improvement and maintenance
performed within Maintenance District 83-1 shall be performed
pursuant to law, and the County Auditor shall enter on the
County Assessment Roll , the amount of the assessment , and said
assessment shall then be collected at the same time and in the
same manner as the County taxes are collected. After collection
by said County, the net amount of the assessment shall be paid
to the City Treasurer of the City .
Section 5 , The City Treasurer shall place all monies
collected by the Tax Collector into the special fund known as
"City of Atascadero Maintenance District 83-1 , Lobos Avenue"
pursuant to the provisions of this resolution and law, and said
transfer shall be made and accomplished as soon as said monies
have been made available to the City Treasurer .
Section 6 . The City Clerk is hereby ordered and directed to
file a certified copy of this resolution with the County Auditor
upon its adoption .
Section 7. The City Clerk is hereby further ordered and
directed to file a certified copy of this resolution with the
County Tax Collector upon its adoption .
Section 8. Any parcels or lots of land known as public
property, as the same is defined in Section 22663 of Division
15 , Part 2 of the Streets and Highways Code, which are included
within the boundaries of the District shall be omitted and
exempt from any assessment made under these proceedings .
On motion by Councilman Mackey and seconded by
Councilman Lilley the foregoing resolution is hereby
adopted in its entirety on the following roll call vote:
AYES : Councilmembers Lilley, Mackey, Shiers, Dexter and Mayor Borgeson
NOES : none
ABSENT: none
ADOPTED: 6-13-89
ATTEST :
4 /!y
BOYD SHARITZ, Cit erkONITA B GES Mayor
APPROVED AS TO FORM: APPROVED AS TO CONTENT :
AAf
fF Y RG SEN PAUL M. SENSIBAUGH
i y At or y Director of Public Works/
City Engineer
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