HomeMy WebLinkAbout2008-041 RESOLUTION NO. 2008-041
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA ORDERING THE LEVY AND COLLECTION OF
ASSESSMENTS FOR FISCAL YEAR 2008/2009 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, 2008 and ending June 30,
2009; 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,
WHEREAS, the City Council desires to levy and collect assessments against parcels of land
within the District for the fiscal year commencing July 1, 2008 and ending June 30, 2009, 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
as follows:
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 and written statements, protests and
communications made or filed by interested persons.
SECTION 2. Based upon its review of the Engineer's Report, a copy of which has been
presented to the City Council and which has been filed with the City Clerk, the City Council hereby
finds and determines that:
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City of Atascadero
Resolution No. 2008-041
Page 2 of 3
a) The land within District will receive special benefit by the operation, maintenance and
+r 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, 2008 and
ending June 30, 2009.
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.
r 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, 2008 and ending June 30,2009.
SECTION 7. The City Clerk or her designee is hereby authorized and directed to file the levy
with the County Auditor upon adoption of this Resolution.
On motion by Council Member Luna and seconded by Council Member Beraud, the foregoing
Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Council Members Beraud, Clay, Luna, O'Malley and Mayor Brennler
NOES: None
ABSENT: None
ADOPTED: May 27, 2008
City of Atascadero
Resolution No. 2008-041
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Cl F ASCADERO
Ey:
MiUVArennier,Mayor
ATTEST.
Marcia McClure Torgerson, C.M.C.,
City Clerk
APPR WED AS TO FO
7 Pe-Z)
Brian A. Pierik, City Attorney
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