HomeMy WebLinkAbout2008-042 RESOLUTION NO. 2008-042
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA, APPROVING THE FINAL ENGINEER'S REPORT
REGARDING THE LANDSCAPING AND LIGHTING DISTRICT NO. 03 (DE
ANZA ESTATES), AND THE LEVY AND COLLECTION OF ANNUAL
ASSESSMENTS RELATED THERETO IN FISCAL YEAR 2008/2009
WHEREAS, the City Council of the City of Atascadero, California (hereafter referred to as the
"City Council"), pursuant to the provisions of Part 2 of Division 15 of the California Streets and
Highways Code, did by previous Resolution order the Engineer, MuniFinancial, to prepare and file a
report in accordance with Article 4 of Chapter 1 of Part 2 of Division 15 of the California Streets and
Highways Code, commencing with Section 22565, in connection with the proposed levy for
Landscaping and Lighting District No. 03 (De Anza Estates) (hereafter referred to as the "District") and
the collection of assessments related thereto for the fiscal year starting July 1, 2008 and ending June 30,
2009; and,
WHEREAS, the Engineer has prepared and filed with the City Clerk of the City of Atascadero
and the City Clerk has presented to the City Council such report entitled `Engineer's Annual Levy
Report for the Landscaping and Lighting District No. 03 (De Anza Estates), fiscal year 2008/2009"
i.. (hereafter referred to as the "Engineer's Report") in accordance with the Landscaping and Lighting Act
of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section
22500 (hereafter referred to as the"Act"); and,
WHEREAS, the City Council has carefully examined and reviewed the Engineer's Report as
presented, and is satisfied with the items and documents as set forth therein, and finds that the levy of
assessments has been spread in accordance with the special benefits received from the improvements,
operation,maintenance and services to be performed, as set forth in said Engineer's Report;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero
as follows:
SECTION 1. The above recitals are true and correct.
SECTION 2. The Engineer's Report as presented, consists of the following:
a) Plans and specifications that describe the District and Improvements.
b) Method of Apportionment that outlines the special benefit conferred on properties
within the District from the improvements and the calculations used to establish each
parcel's proportional special benefit assessment as well as a description of the
assessment range formula that establishes the maximum assessment rate in subsequent
fiscal years.
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City of Atascadero
Resolution No. 2008-042
Page 2 of 2
c) The Budget that outlines the costs and expenses to service, and maintain the
�•+� improvements including incidental expenses authorized by the Act to operate the
District.
d) An Assessment Diagram that identifies the boundaries of the District.
e) An Assessment Roll containing each of the Assessor Parcel Numbers that comprise the
District and the proportional maximum assessment and annual assessment for fiscal year
2008/2009.
SECTION 3. The Engineer's Report as presented, is hereby approved, and is ordered to be
filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.
SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution and the
minutes of this meeting shall so reflect the adoption and approval of the Engineer's Report.
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
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ADOPTED: May 27, 2008
Cl TASC ERO
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By:
Mtke Brennler,Mayor
ATTEST:
6/u4t4lZIYAP-
Marciag McClure Tor ers:�n, C.M.C.,
City Clerk
APPRO D AST ORM:
Brian A. Pierik, City Attorney
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