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HomeMy WebLinkAboutResolution 69-93 RESOLUTION NO. 69-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ADOPTING ENGINEER v S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS CAMINO REAL IMPROVEMENT PROJECT RESOLVED, by the City Council (the "Council") of the City of Atascadero, California (the "City"), that WHEREAS, on the 10th day of November, 1992,said Council adopted its Resolution of Intention No. 119-92 (the "Resolution of Intention"), to form the Camino Real Improvement Project (the "Assessment District") and to acquire certain improvements in said City, and referred the proposed acquisition of improvements to the Assessment Engineer (the "Engineer"), he being the officer having charge and control of the acquisition of improvements in and for said City of the kind described in said Resolution of Intention and being a competent person appointed by said Council for that purpose; WHEREAS, said Council thereby directed said Engineer to make and file with the City Clerk a written report in accordance with and pursuant to the Municipal Improvement Act of 1913 being Division 12 of the California Streets and Highways Code (the "Act"); WHEREAS, said written report was duly made and filed with the City Clerk prior to April 27, 1993, and was thereafter subsequently revised prior to the adoption of this resolution (the "Report"); WHEREAS, on April 27, 1993, pursuant to Resolution No. 31-93, said Council duly considered said Report and found that each and every part thereof was sufficient in every particular and determined that it should stand as the Report for all subsequent proceedings Resolution No. 69-93 Page Two under said Act, whereupon said Council, pursuant to the requirements of said Act, appointed Tuesday, May 11, 1993 at the hour of 7:00 o'clock p.m., in the regular meeting place of said Council, Council Chambers, City Hall, 6500 Palma Avenue, Atascadero, California, as the first public hearing; and Tuesday, June 22, 1993, at the hour of 7:00 o'clock p.m., in the regular meeting place of said Council Chambers, City Hall, 6500 Palma Avenue, Atascadero, California, as the second public hearing and the time and place when and where it will further consider and finally act upon the Report. WHEREAS, it appears that notices of said public hearings were duly and regularly posted, mailed and published in the time, form and manner required by said Act, as evidenced by the documents on file with the City Clerk, whereupon said public hearings were duly and regularly held at the times and place stated in said notice; WHEREAS, pursuant to Resolution No. 68-93, adopted on June 22, 1993, said Council overruled any protest to the acquisition of improvements, or to the extent of the Assessment District, or to the proposed assessment or diagram, or to the maps and descriptions or to the grades at which said work will be done, or to the Engineer's estimate of the costs and expenses thereof, after all persons interested desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said acquisition of improvements were fully heard and considered by said Council, and said Council has acquired jurisdiction to order said acquisition of improvements and the confirmation of said diagram and assessment to pay the costs and expenses thereof; and WHEREAS, it is in the best interest of the Council and the Assessment District to retain said jurisdiction to acquire said improvements and levy said assessments and issue said bonds. Resolution No. 69-93 Page Three NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. That the owners of one-half(1/2) or more of the area to be assessed for the cost of the project did not, at or prior to the time fixed for said second public hearing, file written protests against the said proposed acquisition of improvements as a whole, or against the said Assessment District or the extent thereof to be assessed for the costs and expenses of said acquisition of improvements as a whole, or as to the Engineer's estimate of said costs and expenses, or against the maps and descriptions, or against the diagram or assessment to pay for the costs and expenses thereof. SECTION 2. That the schematic plans and specifications for the proposed acquisition of improvements, contained in said Report, be, and they are hereby, finally adopted and approved as the plans and specifications to which said work shall be done as called for in said Resolution of Intention. SECTION 3. That the Engineer!s estimate of the itemized and total costs and expenses in connection therewith, contained in said Report, be, and it is hereby, finally adopted and approved as the Engineer's total and detailed estimate of the costs and expenses of said acquisition of improvements. SECTION 4. That the diagram showing the Assessment District referred to and described in said Resolution of Intention, and the boundaries and dimension of the respective subdivisions having been given a separate number upon said diagram, as contained in said Report, be, and it is hereby, finally approved and confirmed as the diagram of the properties to be assessed to pay the costs and expenses of said acquisition of improvements. Resolution No. 69-93 Page Four SECTION 5. That the assessment of the total amount of the costs and expenses of the proposed acquisition of improvements upon the several subdivisions of land in said Assessment District in proportion to the estimated benefits to be received by said subdivisions, respectively, from said acquisition of improvements, and of the expenses incidental thereto, contained in said Report, be, and the same is hereby, finally approved and confirmed as the assessment to pay the costs and expenses of said acquisition of improvements. SECTION 6. That said Report be, and the same is hereby, finally adopted and approved as a whole. SECTION 7. That the City Clerk shall forthwith deliver to the Superintendent of Streets/City Engineer the said assessment, together with said diagram thereto attached and made a part thereof, as confirmed by this Council with his certificate of such confirmation thereto attached as of the date thereof; and that said Superintendent of Streets/City Engineer shall record said diagram and assessment in his office in a suitable book to be kept for that purpose, and append thereto his certificate as to the date of such recording, and such recordation shall be and constitute the assessment roll herein. SECTION 8. That said Superintendent of Streets/City Engineer, upon recording of said diagram and assessment, shall mail to each owner of real property within the Assessment District at his last known address as to the same appear on the tax rolls of the City or on file in the office of the City Clerk, or to both addresses if said address so appears, a statement containing a designation by street number or other description of the property assessed sufficient to enable the owner to identify the same, the amount of the assessment, the time and place of payment thereof, the effect of failure to pay within such Resolution No. 69-93 Page Five time, and a statement of the fact that bonds will be issued on the unpaid assessments pursuant to the Improvement Bond Act of 1915. SECTION 9. That said Superintendent of Streets/City Engineer shall also give notice by publishing a copy of a Notice to Pay Assessments by two successive insertions in a newspaper published and circulated in said City, that said assessment has been recorded in his office, and that all sums assessed thereon are due and payable immediately, and that the payment of said sums is to be made thirty (30) days after the date of recording said assessment, which date shall be stated in said notice, and of the fact that bonds will be issued upon unpaid assessments as above provided. SECTION 10. The requirement of mailing and publication set for in Section 8 and 9 above, may be dispensed with if the City Clerk receives a Waiver and Consent from all assessed owners as shown in the Engineer's Report. Resolution No. 69-93 Page Six On motion by Councilperson Nimmo and seconded by Councilperson Luna, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Councilmembers Bewley, Borgeson, Luna, Nimmo and Mayor Kudlac NOES: None ABSENT: None ADOPTED: June 22, 1993 ATTEST- CITY OF ATASCADERO By: LE OIN, ity lerk ,,)&ARP-KUDLAC, Mayor APPROVED AS TO FORM: AR NTAN ity orney