HomeMy WebLinkAboutResolution 2010-051 RESOLUTION NO. 2010-051
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA ORDERING THE LEVY AND
COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2010/2011 FOR
LANDSCAPING AND LIGHTING 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 and declared its intention to levy
special benefit assessments against parcels of land within the Landscaping and Lighting District No.
02 (Woodridge) (hereafter referred to as the "District") for fiscal year 2010/2011, said fiscal year
commencing July 1, 2010 and ending June 30, 2011; pursuant to the provisions of the Landscaping
and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code,
commencing with Section 22500 (hereinafter referred to as the "Act") to pay the costs and expenses
of operation, maintenance, repair and servicing of local landscaping, street lighting and appurtenant
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, 2010 and ending June 30, 2011, to
pay the costs and expenses of operation, maintenance, repair and servicing of local landscaping,
street lighting, and appurtenant facilities related thereto; and,
WHEREAS, the City and its legal counsel have reviewed Proposition 218 and found that
these assessments comply with applicable provisions of Section XIIID of the California State
Constitution;
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 with 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:
a) The land within District will receive special benefit by the operation, maintenance
and servicing of improvements to be provided by the District.
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City of Atascadero
Resolution No. 2010-051
Page 2 of 3
b) 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, 2010 and ending June 30, 2011.
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 lights, landscaping,
parks and open space areas within the District and 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 Landscaping and Lighting District No. 02
(Woodridge), and such money shall be expended 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 levy of assessments for the
fiscal year commencing July 1, 2010 and ending June 30,2011.
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.
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City of Atascadero
Resolution No.2010-051
. Page 3 of 3
On motion by Council Member Beraud and seconded by Council Member Kelley, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Council Members Beraud,Clay, Kelley, O'Malley and Mayor Fonzi
NOES: None
ABSENT: None
ADOPTED: June 8, 2010
CITY OF ATASCADERO
v By:
Roberta Fonzi,Mayor
e _ ATTEST, 7
r r,MarcieMcClure.Torgerson,C.M. .,
City-Cl yk
APPROVED AS TO FORM:
& e,4 Y-
Brian A. Pierik, City Attorney