HomeMy WebLinkAbout2006-035 Aww RESOLUTION NO 2006-035
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, DECLARING ITS INTENTION TO LEVY
AND COLLECT ASSESSMENTS FOR THE ATASCADERO LANDSCAPE
AND LIGHTING MAINTENANCE DISTRICT NO 3 (DE ANZA
ESTATES) FOR FISCAL YEAR 2006/07
The City Council of the City of Atascadero (hereafter referred to as the "City Council") does
resolve as follows
WHEREAS, The City Council has by previous Resolution initiated proceedings for fiscal
year 2006/07 regarding the levy and collection of assessments for the Atascadero Landscaping and
Lighting District No 3 (hereafter referred to as the "District") Pursuant to the provisions of the
Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways
Code (commencing with section 22500) (hereafter referred to as the "Act"), assessments for the
District shall be levied and collected by the County of San Luis Obispo for the City of Atascadero
to pay the maintenance and services of the improvements and facilities related thereto, and,
WHEREAS, the proposed District assessments for fiscal year 2006/07 are less than or
equal to the maximum assessments previously approved in accordance with the requirements of the
California Constitution, Article X»; and,
WHEREAS, there has now been presented to this City Council an Engineer's Annual
Levy Report (hereafter referred to as the "Engineer's Report"), and said Engineer's Report has
been filed with the City Clerk in accordance with the Act; and,
WHEREAS, the City Council has examined and reviewed the Engineer's Report as
presented and is satisfied with the District, each of the budget items and documents as set forth
therein and is satisfied that the proposed assessments contained therein, have been spread in
accordance with the benefits received from the improvements, operation, 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,pursuant to Chapter 3, Section 22624 of the Act, as follows
SECTION I The above recitals are true and correct.
SECTION 2. The City Council hereby declares its intention to seek the annual levy and
collection of assessments within the District pursuant to the Act, over and including the lands, lots
and parcels within the District boundary The City Council further declares its intention to levy and
City of Atascadero
Resolution No. 2006-035
Page 2 of 3
collect assessments on such land to pay the annual costs and expenses of the improvements and
services described in Section 4 of this Resolution, for fiscal year 2006/07
SECTION 3. The boundaries of the District are described in the Engineer's Report and are
consistent with the boundary established and described in the original formation documents, on file
with the City Clerk, and incorporated herein by reference. The District is within the boundaries of
the City of Atascadero, within the County of San Luis Obispo, State of California and includes the
territory known as De Anza Estates and referred to as the "Atascadero Landscaping and Lighting
District No 3"
SECTION 4. The improvements within the District include the ongoing maintenance,
operation and servicing of local landscaping and street lighting improvements established or
installed in connection with development of properties within the District. These improvements
generally 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 other designated easements or nght-of-ways constructed and installed as part of the
development plans and agreements approved for the development of each lot and parcel within the
District.
SECTION 5. The proposed assessments for fiscal year 2006/07, as outlined in the
Engineer's Report, do not exceed the maximum assessment approved by the property owners
through a property owner balloting proceeding conducted in 2005 As such, the proposed
assessments do not constitute an increased assessment and do not require additional property owner
approval in accordance with the requirements of the California Constitution, Article XMD
SECTION 6. The City Council hereby declares its intention to conduct a Public Hearing
concerning the District and the levy of assessments in accordance with Chapter 3, Section 22626 of
the Act.
SECTION 7 Notice is hereby given that a Public Hearing on these matters will be held by
the City Council on Tuesday, May 23, 2006, at 7 00 p.m., at the City Council Chambers, 6907 El
Camino Real, Atascadero, California or as soon thereafter as feasible.
SECTION 8. The City Council hereby authorizes and directs the City Clerk to give notice
of the time and place of the Public Hearing to all property owners within the District pursuant to
Sections 22626, 22552 and 22553 of the Act and 6061 of the Government Code. The City Clerk
shall give notice to all property owners by causing notice of the public hearing to be published in
the local newspaper one time at least 10 days prior to the Public Hearing; and,posting a copy of this
resolution on the official bulletin board(s)customarily used for posting such notices.
City of Atascadero
Resolution No.2006-035
Page 3 of 3
On motion by Council Member Luna and seconded by Council Member Clay, the foregoing
Resolution is hereby adopted in its entirety on the following roll call vote
AYES Council Members Clay, Luna, Pacas, Scalise and Mayor O'Malley
NOES None
ABSENT None
ADOPTED April 25, 2006
Gl� Y OF ATAS ADERO
e�
By. -_
Tom O'Malley(41ayor
ATTEST
Marcia McClure Torge`rson, C.M.C.,
City Clerk
701D S T �IIRM.
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