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HomeMy WebLinkAboutResolution 2005-065 RESOLUTION NO. 2005-065 W.� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF LANDSCAPING AND LIGHTING 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 Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the "1972 Act") desires to form an assessment district to be designated as Landscaping and Lighting District No. 03 (De Anza Estates) (hereafter referred to as the "District"), for the purpose of funding the ongoing operation, maintenance and servicing of landscape improvements and appurtenant facilities installed and developed in conjunction with the development of properties known as De Anza Estates Tract 2498; and to levy and collect annua° assessments related thereto.The 1972 Act provides for the formation of such an assessment district *44r pursuant to Chapter 2 Article 1, and provides for the levy and collection of assessments by the County on behalf of the City pursuant to Chapter 4 Article 2; 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, and to prepare and file an Engineer's Report with the City Clerk in accordance with the 1972 Act, anrl in accordance with the requirements of the California Constitution, Articles 701IC and 311D. 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 :c, properties within the District as specified by Chapter 2,Article 1,Section 22585 of the 1972 Act. �r City of Atascadero Resolution 2005-065 Page 2 of 3 SECTION 2. The proposed District improvements include the ongoing operation, administration, maintenance, servicing and incidental expenses related to the dedicated landscape areas, trails, open space areas and appurtenant facilities authorized pursuant to the 1972 Act that were installed or developed as part of property development and associated with the District. Said improvements may include, but are not limited to turf, ground cover, shrubs and plants, trees, irrigation and drainage systems, ornamental lighting, masonry walls or other fencing, trail surfaces, hardscape improvements, monuments, and associated appurtenant facilities located within the open space areas, landscape easements or public right-of-ways dedicated to the City of Atascadero for such maintenance. SECTION 3. The proposed territory within Landscaping and Lighting 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 2005-065 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 George Luna ADOPTED: July 12, 2005 CITY OF ATAEIj By: Wendy Scalise, Mayor Attest: Marcia McClure Torgerson, C.M.C., City Clerk 4APPkOAC- ty RM: orney