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RESOLUTION NO. 2021-041
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ORDERING THE LEVY AND
COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2021/2022 FOR
STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 03
(DE ANZA ESTATES)
WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to
as City Council) has by previous Resolutions initiated proceedings to levy special benefit
assessments against parcels of land within Street and Storm Drain Maintenance District No. 03 (De
Anza Estates) (hereafter referred to as the "District") for the fiscal year commencing July 1, 2021
and ending June 30, 2022; pursuant to the provisions of the Benefit Assessment Act of 1982,
Chapter 6.4 of the California Government Code, beginning with Section 54703 (hereafter referred
to as the "Act") to pay the costs and expenses of operation, maintenance, repair and servicing of
local street right-of-way improvements and storm drain facilities related thereto; and
WHEREAS, the Engineer selected by the City Council has prepared and filed with the
City Clerk, and the City Clerk has presented to the City Council an Engineer's Report in
connection with the proposed levy of special benefit assessments upon eligible parcels of land
within the District, and the City Council did by previous Resolution adopt and approve said
Engineer's Report; and
0=" WHEREAS, the City Council desires to levy and collect assessments against parcels of
land within the District for the fiscal year commencing July 1, 2021 and ending June 30, 2022, to
pay the costs and expenses of operation, maintenance, repair and servicing of local street right-of-
way improvements and storm drain facilities related thereto; and
WHEREAS, the City Council conducted in May 2005 a property owner protest ballot
proceeding for the District assessments proposed to be levied and majority protest of the
assessments described in the Engineer's Report did not exist pursuant to the provisions of the
California State Constitution Article XIIID.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. Following notice duly given, the City Council has held a full and fair Public
Hearing regarding its Resolution approving the Engineer's Report prepared in connection
therewith; the levy and collection of assessments, and considered the oral aro writtgn statements,
protests and communications made or filed by interested persons.
SECTION 2. Based upon its review of the Engineer's Report, a c*y of which had been
presented to the City Council and which has been filed with the City ClTrk, the City t ouncil
hereby finds and determines that:
a) The land within District will receive special benefit by the operation, maintenance
OWN and servicing of improvements to be provided by the District.
b) The District includes the lands receiving such special benefit.
c) The net amount to be assessed upon the lands within the District is in accordance and
apportioned by a formula and method which fairly distributes the net amount among the eligible
parcels in proportion to the special benefit to be received by each parcel from the improvements
and services for the fiscal year commencing July 1, 2021 and ending June 30, 2022.
City of Atascadero
Resolution No. 2021-041
Page 2 of 2
SECTION 3. The City Council hereby orders the proposed improvements to be made,
which improvements are briefly described as the maintenance, operation, administration and servicing
of the improvements that may include, but is not limited to local street right-of-way improvements and
storm drain facilities within the District and the appurtenant facilities related thereto.
SECTION 4. The maintenance, operation and servicing of improvements shall be
performed pursuant to the Act and the County Auditor of San Luis Obispo County shall enter on
the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall
be collected at the same time and in the same manner as the County taxes are collected. After
collection by the County, the net amount of the levy shall be paid to the City.
SECTION 5. The City shall deposit the money representing assessments collected by the
County for the District to the credit of a fund for the Street and Storm Drain Maintenance District
No. 03 (De Anza Estates), and such money shall be expended only for the maintenance, operation
and servicing of the improvements as described in the Engineers Report and generally described in
Section 3 of this Resolution.
SECTION 6. The adoption of this Resolution constitutes the establishment of the
maximum assessment rate described in the Engineer's Report and the levy of assessments for the
fiscal year commencing July 1, 2021 and ending June 30, 2022.
SECTION 7. The City Clerk or their designee is hereby authorized and directed to file the
levy with the County Auditor, per Section 54718 of the Act, upon adoption of this Resolution.
PASSED AND ADOPTED at a regular meeting of the City Council held on the 8th day of
June, 2021.
On motion by Council Member Bourbeau and seconded by Mayor Pro Tem Newsom, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Council Members Bourbeau, Dariz, Funk, Newsom, and Mayor Moreno
NOES: None
ABSENT: None
ADOPTED: None
CITY OF ATASCADERO
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Heather Moreno, Mayor
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Lara hris men ' iCy clerk
PROVED"AS TD FORM:
Brian Pierik, City Attorney
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