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HomeMy WebLinkAboutResolution 2005-062 RESOLUTION NO. 2005-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, INITIATING PROCEEDINGS FOR THE' FORMATION OF STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 03 (DE ANZA ESTATES); AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO COMMENCING WITH FISCAL YEAR 2005/2006 WHEREAS, the City Council 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 "1982 Act") desires to form an assessment district to be designated as Street and Storm Drain Maintenance District No. 03 (De Anza Estates) (hereafter referred to as the "District"), for the purpose of funding the ongoing operation, maintenance and servicing of public. streets, storm drain and flood control facilities installed in conjunction with the development of properties known as De Anza Estates Tract 2498; and to levy and collect annual assessments related thereto. The 1982 Act provides for the formation of such an assessment district pursuant to Article 3 Section 54710, and provides for the levy and collection of assessments by the County on behalf of the City pursuant to Article 4 Section 54718; and, WHEREAS,the City Council has retained MuniFinancial as the Engineer of Work,for the purpose of assisting with the formation of the District, the establishment of annual assessments, an(I to prepare and file an Engineer's Report with the City Clerk in accordance with the 1982 Act and i rr accordance with the requirements of the California Constitution,Articles XIIIC and X111D. NOW,THEREFORE,BE IT RESOLVED, by the City Council of the City of Atascadero SECTION 1. The City Council hereby orders the Engineer to prepare and file an Engineer's Report concerning the formation of the District, and the levy of assessments fc- properties within the District as specified by Article 4 Section 54716 of the 1982 Act. `Vd City of Atascadero Resolution 2005-062 Page 2 of 3 SECTION 2. The proposed District improvements include the ongoing operation, administration, maintenance and servicing of the public streets, drainage and flood control systems and appurtenant facilities authorized pursuant to the 1982 Act that were installed as part of property development and associated with the District. Said improvements may include, but are not limited to pavement, curbs, sidewalks, hardscape, bridges, fencing, signage, drains, pipes, inlets, manholes, outlets, catch basins, drainage basins, and associated appurtenant facilities located within the public street right-of-ways and other public easements within the District, and dedicated to the City of Atascadero for such maintenance. SECTION 3. The proposed territory within Street and Storm Drain Maintenance District No. 03 (De Anza Estates) consists of all lots, parcels and subdivisions of land located in the development known as De Anza Estates Tract 2498, which is proposed to include 26 single-family residential units and 60 senior housing units when fully subdivided. City of Atascadero Resolution 2005-062 Page 3 of 3 On motion by Council Member Clay and seconded by Mayor Pro Tem O'Malley, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Clay, O'Malley, Pacas and Mayor Scalise NOES: None ABSENT: Council Member Luna ADOPTED: July 12, 2005 CITY OF ATASCA,EERO;-/ Wendy Kalise,M yor Attest: Marcia McClure Torgerson, C.M.C., u City Clerk A on/rni ttorney