HomeMy WebLinkAbout2008-045 RESOLUTION NO. 2008-045
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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. 02 (WOODRIDGE)
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. 02 (Woodridge) (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. 2008-045
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a) The land within District will receive special benefit by the operation, maintenance and
am 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. 02
r.. (Woodridge), 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 O'Malley 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
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City of Atascadero
Resolution No. 2008-045
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CITYATASCADERO
By:
M Brenn er,Mayor
ATTEST: ,
Marcia McClure Torgerson, C.M.0
City Clerk
APPRCUTED AST O
BrfanA. Pierik, City Attorney
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