HomeMy WebLinkAbout2006-054 RESOLUTION NO 2006-054
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA ORDERING THE LEVY AND
COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2006/2007 FOR
STREET AND STORM DRAIN MAINTENANCE DISTRICT NO 03
(DE ANZA ESTATES)
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. 03 (De Anza
Estates) (hereafter referred to as the "Distnct") for the fiscal year commencing July 1, 2006 and
ending June 30, 2007, 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
nght-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, 2006 and ending June 30, 2007, to
pay the costs and expenses of operation, maintenance, repair and servicing of local street nght-of-
way improvements and storm dram 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 MUD
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 (and amendments, as applicable) 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:
City of Atascadero
Resolution No.2006-054
Page 2 of 3
a) The land within District will receive special benefit by the operation,
maintenance and 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, 2006 and ending June 30, 2007
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 Treasurer
SECTION 5. The City Treasurer shall deposit the money representing assessments
collected by the County for the District to the credit of a fund for the Street and Storm Dram
Maintenance District No. 03 (De Anza Estates), 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, 2006 and ending June 30, 2007
SECTION 7 The City Clerk is hereby authorized and directed to file the levy with the
County Auditor upon adoption of this Resolution.
City of Atascadero
Resolution No.2006-054
Page 3 of 3
` On motion by Council Member Scalise 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- May 23, 2006
CITY OF ATASCADERO
By ---
Tom O'Malley, Mayo
ATTEST
1)4 � , ) -
Marcia McClure Torgerson, C.M.C.,Qlty Clerk
APP D AS T .
Patnc, , City Attorney
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