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HomeMy WebLinkAbout2006-056 RESOLUTION NO 2006-056 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2006/2007 FOR LANDSCAPING AND LIGHTING 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 and declared its intention to levy special benefit assessments against parcels of land within the Landscaping and Lighting District No 03 (De Anza Estates) (hereafter referred to as the "Distnct") for fiscal year 2006/2007, said fiscal year commencing July 1, 2006 and ending June 30, 2007, 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, 2006 and ending June 30, 2007, 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. City of Ataseadero Resolution No.2006-056 Page 2 of 3 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: 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 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 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 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 Landscaping and Lighting District No 03 (De Anza Estates), 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, 2006 and ending June 30, 2007 SECTION 7 The City Clerk or their designate is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution. r City of Atascadero Resolution No. 2006-055 Page 3 of 3 On motion by Council Member Scalise and seconded by Council Member Luna, 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 CI Y OF ATAS ADERO n By Tom O'Malley, May ATTEST y 4etl-,/PG . Marcia McClure Torgerson, C.M.0 , (Y City Clerk *mwAPPRO AS F RM. C a L. g t,City Attorney G