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HomeMy WebLinkAbout2009-030 RESOLUTION NO. 2009-030 am RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ACCEPTING AND PRELIMINARILY APPROVING THE ENGINEER'S ANNUAL LEVY REPORT REGARDING THE ATASCADERO STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 03 (DE ANZA ESTATES). The City Council of the City of Atascadero (hereafter referred to as "City Council")hereby finds, determines, resolves and orders as follows: WHEREAS, the City Council has, by previous Resolution, ordered the preparation of an Engineer's Annual Levy Report (hereafter referred to as the "Report") regarding the assessment district to be designated as the Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) (hereafter referred to as the "District"), and the levy and collection of assessments related thereto, 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 "1982 Act"); and, WHEREAS, there has now been presented to this City Council the Report as specified by Article 4 Section 54716 of said 1982 Act; and, WHEREAS, the City Council has carefully examined and reviewed the Report as presented, and is preliminarily satisfied with the District and the budget items and documents as set forth therein, and is satisfied that the proposed assessments have been spread in accordance with the special benefits received from the improvements, operation, administration, maintenance and services to be performed within the District, as set forth in said Report. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The preceding recitals are true and correct. SECTION 2. That the Report as presented, consists of the following: a. A Description of Improvements. b. A Boundary Diagram of the District. c. The Method of Apportionment that details the method of calculating each parcel's proportional special benefits and annual assessment. d. The proposed Budget (Costs and Expenses) and the duration and collection of assessments. e. The District Roll containing the Levy for each Assessor Parcel Number within Avr the District for fiscal year 2009/2010. City of Atascadero Resolution No. 2009-030 Page 2 of 2 SECTION 3. The Report is hereby approved on a preliminary basis, and ordered to be err filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 4. The Maximum Assessment described in the Report is hereby approved on a preliminary basis. SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Report. On motion by Council Member Clay and seconded by Council Member Fonzi, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Clay,Fonzi, Kelley, O'Malley and Mayor Beraud NOES: None ABSENT: None ADOPTED: May 12, 2009 CITY OF ATASCADERO + + By: �& Ellen Beraud,Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS T FORM: Brian A. Pierik, City Attorney am