HomeMy WebLinkAbout2009-032 RESOLUTION NO. 2009-032
am RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, INITIATING PROCEEDINGS FOR
ANNUAL LEVY OF ASSESSMENTS FOR THE ATASCADERO
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 3 (DE
ANZA ESTATES) FOR FISCAL YEAR 2009/2010 PURSUANT TO THE
PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA
STREETS AND HIGHWAYS CODE.
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 Resolutions, formed the Atascadero
Landscaping and Lighting Maintenance District No. 3 (hereafter referred to as "District")
pursuant to the provisions of 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") that provides for levy and collection of assessments by the County of San Luis
Obispo for the City of Atascadero to pay the maintenance and services of lighting facilities,
landscaping, and appurtenant facilities and operations related thereto; and,
WHEREAS, the District and the associated assessments are in compliance with the
provisions of California Constitution Article XHID; and,
WHEREAS, the City Council has retained Willdan Financial Services for the purpose of
assisting with the Annual Levy of the District and to prepare and file a report with the City Clerk
in accordance with the Act;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Atascadero as follows:
SECTION 1. Engineer's Annual Levy Report: The City Council hereby orders Willdan
Financial Services to prepare the Engineer's Annual Levy Report concerning the levy of
assessments for the District in accordance with Chapter 3, Section 22622 of the Act.
SECTION 2. Proposed Improvements and Any Substantial Changes in Existing
Improvements: The improvements within the District include the ongoing operation,
administration, maintenance, servicing and incidental expenses related to the dedicated landscape
areas, public street lighting and appurtenant facilities authorized pursuant to the Act that were
installed as part of property development and associated with the District. Said improvements may
include, but are not limited to the materials, equipment, utilities, labor, appurtenant facilities and
expenses necessary for the ongoing maintenance and operation of public street lighting as well as
landscaped parkways, medians, slopes, trails, park areas, drainage basins, open space areas and
""w other designated easements or right-of-ways constructed and installed as part of the development
City of Atascadero
Resolution No. 2009-032
Page 2 of 2
plans and agreements approved for the development of each lot and parcel within the District. The
Engineer's Annual Levy Report describes all new improvements or substantial changes in existing
improvements.
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:
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Ellen Beraud,Mayor
ATTEST:
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Marcia McClure Torgerson, C.M.C.,
City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney